rs-title-4•Title 4 — Amusements and Sports
Title 4 Amusements and Sports
CHAPTER 1 GENERAL PROVISIONS
§ 4:1 Unlawful to sell tickets for more than the price; total cost of tickets to be printed on each
A. All admission tickets to any athletic contest, dance, theater, concert, circus, or other amusement shall have the price paid for the ticket, excluding order processing and delivery charges, printed on the face of the ticket.
B. Whoever violates this Section shall be fined not less than one hundred dollars, nor more than five hundred dollars.
C. Nothing shall prohibit the resale or offering for resale via the internet of an admission ticket, at any price, to an athletic contest, dance, theater, concert, circus, or other amusement, if the ticket is resold or offered for resale through any website if such website's operator guarantees a full refund of the amount paid for the ticket under each of the following conditions:
(1) The ticketed event is canceled.
(2) The purchaser is denied admission to the ticketed event, unless such denial is due to the action or omission of the purchaser.
(3) The ticket is not delivered to the purchaser in the manner described on such website or pursuant to the delivery guarantee made by the reseller and such failure results in the purchaser's inability to attend the ticketed event.
D. A website operator's guarantee pursuant to Subsection C of this Section shall be posted on the operator's website and a prospective purchaser shall be directed to such guaranty before completion of the resale transaction.
E. A refund issued by a website operator pursuant to any of the conditions provided for in Subsection C of this Section shall include any servicing, handling, or processing fees unless such fees are declared nonrefundable under the terms of the guarantee.
F. The provisions of Subsection C of this Section shall not apply to:
(1) University sports event tickets specially allocated to Louisiana legislators.
(2) Student tickets issued by Louisiana universities for sporting events.
Acts 1988, No. 449, §1; Acts 1989, No. 589, §1, eff. Jan. 1, 1990; Acts 1990, No. 466, §1, eff. July 18, 1990; Acts 2006, No. 238, §1; Acts 2022, No. 55, §1.
§ 4:2 Shows and exhibits; misleading advertisements; penalty
No person shall, in advance of any show or exhibit, knowingly advertise by posters or other written placards in which is set forth in writing the exhibition to the public either for money or otherwise of anything which the person knew at the time would not or could not be placed on exhibit as set forth by the advertisement, poster, or placard.
Whoever violates this Section shall be fined not less than fifty dollars nor more than five hundred dollars, and in default of payment of the fine and costs shall be imprisoned for not less than ten days nor more than twelve months.
§ 4:3 Playing or singing of the national anthem at certain athletic contests
No competitive athletic event may be held in a venue, the construction, operation, or maintenance of which is financed wholly or partially by the state or a political subdivision of the state, unless the event is preceded by the playing or singing of the national anthem.
Acts 2021, No 224, §1.
§ 4:5 Repealed by Acts 1975, No. 638, §3.
Repealed by Acts 1975, No. 638, §3.
§ 4:6 Repealed by Acts 1962, No. 371, §1, eff. June 30, 1963.
Repealed by Acts 1962, No. 371, §1, eff. June 30, 1963.
§ 4:7 Parishes may regulate, restrict, and tax circuses, carnivals, etc.
A. The governing authorities of the several parishes, the city of New Orleans and all municipalities excepted, may regulate and restrict, and impose a privilege tax on, all circuses, carnivals, shows, theaters, pool and billiard tables, bowling alleys, concerts, fortune tellers, cane or knife racks, gift enterprises, museums, menageries, flying jennies, pistol or shooting galleries, ten pin alleys (without regard to the number of pins used), skating rinks, roller coasters, ferris wheels, bungee jumping devices, other amusement rides and attractions, and other things of like character.
B. They may adopt all ordinances which they deem necessary to carry out the provisions of this Section and may enforce the ordinances by fines of not more than five hundred dollars each, or imprisonments of not more than twelve months each, or both. Nothing in this Section deprives municipalities, under existing laws, of authority to adopt and enforce ordinances on the same subject matter.
Acts 1992, No. 244, §1, eff. June 10, 1992.
§ 4:8 Fairs and entertainments of religious and benevolent organizations; permit
Upon receiving a written application from any regularly ordained minister, deacon, manager of any church, or president of any religious or benevolent society, expressing the desire to give a fair or other entertainment for the benefit of the church or society, or for other charitable purposes, the justice of the peace of any ward of any parish in which the fair or entertainment is to be held, other than and exclusive of the City of New Orleans, shall furnish the applicant with a written permit to hold the fair or entertainment on the dates for which application is made. No special tax shall be levied or collected from the managers of the fairs or entertainments held under a permit granted as provided in this Section.
§ 4:9 Corruption of participants or referees in contests; penalty
No person shall corruptly give, offer, or promise to any participant in any contest of skill, speed, strength, or endurance, of man or beast, any gift or gratuity whatever with intent thereby to influence the participant to refrain from exerting his full degree of skill, speed, strength, or endurance in the contest.
No participant in the contest shall request or accept a gift or gratuity, promise to make a gift, or promise to do an act beneficial to himself, under an agreement or with an understanding that he shall refrain from exerting his full degree of skill, speed, strength, or endurance in the contest.
No person shall corruptly give, offer, or promise to any person who is, or will be, an umpire, referee, judge, or official at any such contest, with the intention or understanding that the person will corruptly or dishonestly umpire, referee, judge, or officiate so as to affect or influence the result thereof.
No person who is or expects to be an umpire, referee, judge, or official at any such contest shall request or accept a gift or gratuity, or promise to make a gift, or promise to do an act beneficial to himself, under an agreement or with an understanding that he shall corruptly or dishonestly umpire, referee, judge, or officiate.
As used in this Section, "participant" includes any person who is selected to do or who expects to take part in the contest.
Whoever violates this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
§ 4:10 Game regulations
The operator of a game at any fair, carnival, or any other place where games of chance or skill are made available for pay, before and during operation, shall have and keep in a conspicuous place a sign stating the cost of a play and an explanation of how the game is played. The lettering on the sign shall be plain and not less than two inches in height. Signs or placards shall be of permanent material so they can be used from one fair to the next. A game shall be closed until compliance with this requirement occurs.
Added by Acts 1981, No. 918, §1, eff. Aug. 2, 1981.
§ 4:10.1 Capital prize to be awarded
Prizes shall be left to the discretion of management; however, capital prize must be given. No operator shall be permitted to display merchandise of any type which is not one of the prizes possible to be won. Each prize shall be marked so that any player may know in advance what is necessary for him to do to win any one of the prizes displayed. No flash display will be permitted.
Added by Acts 1981, No. 918, §1, eff. Aug. 2, 1981.
§ 4:10.2 False advertising
False advertising by banner, word-of-mouth, or otherwise is prohibited.
Added by Acts 1981, No. 918, §1, eff. Aug. 2, 1981.
§ 4:10.3 Specific games; requirements
Any games of chance or skill as described in this Section shall be operated in accordance with this Section:
(1) Milk bottle game. The operator of a milk bottle ball game must operate at all times with the number of milk bottles on the sign. No bottle may weigh over three pounds, and all bottles shall be free from defects and each set shall be uniform in size. The base on which the bottles shall sit shall be not less than eighteen inches from the ground. The front barrier shall not be higher than the base on which the bottles sit. The base shall be at least six feet from the front barrier. A rim not to exceed one-half inch will be permitted if operating the game "all over." No obstruction whatsoever will be permitted around the base on which the bottles sit if operating the game "all off."
(2) Certain games. Huckla buck kegs, milk can, or similar games must be set on a frame and kept level at all times. Each operator must operate the number of kegs indicated on the sign throughout the season without change. Rubber and plastic balls are prohibited. The width of the opening of the kegs in huckla buck, milk can, or similar games shall be such that there shall be not less than three-fourths inch from the center position of the ball.
(3) Roll-a-game. The board shall be level laterally and unwarped with no obstruction to make the ball jump. All slots or holes shall be colored or well-numbered to show wins. All slots or holes must be in an even row at the back of board--not staggered. Ball shall be solid and round at all times.
(4) Break-balloon ball games. Balloons shall be stationary on targets. Rubber, plastic, or cork balls are prohibited.
(5) Break-the-record games. Records shall be placed in a stationary grooved rack at least twenty feet from the front barrier. The operator of this game must provide a protective covering on three sides and top to protect the public. A canvas backdrop shall be used. Unbreakable records shall not be used.
(6) Clown pop-em-in or bungaloo board. This game must have at least one-half inch clearance over size of the ball and the target must not be over ten feet distance.
(7) Bowling alleys. Automatic bowling alleys shall be allowed.
(8) Cat racks. Cat racks shall have but one rail which shall be in front only. The rail shall not extend over one inch above shelves where cats are placed. The width of the shelves on which cats are placed shall not exceed the length of the cat plus three inches; fur trim shall not be included in determining length of the cat. The distance of the separations between the shelf boards where the cats sit shall not exceed one inch; no more than three separations per shelf shall be permitted. Shelves shall be level at all times. The canvas backdrop must be at least the length of the cats plus three inches back from the rear edge of shelf. The weight of the cats shall not exceed two pounds.
(9) African dip or similar games. When men or women are used on target seat they shall not use foul or insulting language and shall be properly dressed. Rubber, plastic, or cork balls are prohibited.
(10) Break-balloon dart game. The target board playing area must be at least seventy-five percent full of target balloons inflated at all times. Blunt-pointed darts are prohibited.
(11) Ring-bottle game. The table or stand supporting the bottles shall be of a height so that the top of the bottles to be rung shall not exceed four feet in height from ground level. No obstruction shall be placed between or around the bottles at any time. The clearance of the ring shall be such that there will be not less than one-fourth inch clearance measured from inside of ring to neck of bottle. Ring-bottle games shall be operated in a level position at all times. The use of grease or wax on rings, platforms, or bottles is prohibited.
(12) Cane rack. Cane racks shall be ninety percent filled with canes at all times. Canes shall be so arranged that each cane can be rung. The clearance of the ring shall be such that there will be not less than three-eighths inch clearance measured from the inside of ring to head of cane.
(13) Fishing pole or bottle set-up game. The platform on which bottles are placed must be not less than twelve inches square. Bottles must be placed in the center of the platform. The platform shall be level at all times. Rings shall not have more than three-eighths inch clearance. The use of grease or wax on rings, platforms, or bottles is prohibited.
(14) Hoop-la games. Hoop-la games shall have three-eighths inch clearance on flat solid blocks uncovered, and no prizes may project over blocks. Blocks must be placed on a table with sufficient clearance to permit any hoop to surround block unobstructed. Blocks are unnecessary under cigarettes. All prizes displayed on a block entitle the player to win all prizes on the block. Hoops must be round and uniform in size. The platform shall not be more than twenty-four inches from the ground.
(15) Wooden-duck game. In a ring wooden duck game or any other game using rings, the clearance of the ring shall not be less than three-eighths inch.
(16) Guess-weight game. Guess-your-weight-or-age operators shall guess weight and age by observation only. Scale dials must have clear figures and must be illuminated at all times so they can be read by the public.
(17) Hi-strikers. Hi-strikers shall be in good condition at all times. The slides or wires shall be straight and free of any obstruction or controls. Slide board must be plumb at all times. All mallets must be in good condition. There shall be a fence of sufficient strength and not less than thirty-six inches high around striker to protect the public.
(18) Pitch game. The stand on which prizes are placed shall be ninety percent filled at all times. Each prize shall have a large enough opening and be so arranged that they can be won. When a target is used for choice it must be so stated by sign how choice prize is won.
(19) Long range, cork, bazooka galleries. The guns shall be attached to counter in a manner to protect the public. A lead gallery shall use nonspatter bullets only. Galleries must have good side and back wall protection at all times.
(20) Cork-shooting gallery. The operator must supply guns in good mechanical condition. No chipped or crooked corks may be used. Shelves where targets are placed are not to exceed four inches in width and no obstruction shall interfere with prize falling off the shelf. No targets shall be used which cork guns cannot shoot off shelf.
(21) Archery. The operator of this game must provide a protective covering on three sides and top to protect fair patrons from stray arrows.
(22) Ring-the-pin game. Operators of this game must arrange pins so that they remain stationary and perpendicular at all times. Pins shall be arranged so that it is possible to ring each pin. The top row of pins must not be higher than four feet above the ground.
(23) Football game. Operators of this game, where a hole in the canvas is used as a target, must provide regulation footballs to be thrown and the clearance in the target shall be at least one inch measured from the largest part of the football.
(24) Ball games. The operator of any ball game must provide balls which are round, firm, smooth, and not broken or frayed. All games operated at any fair, carnival, amusement park, or any other place where games of chance or skill are made available for pay must be maintained in good condition and must be under the supervision of a competent operator at all times the game is in operation.
(25) Bulldozers. The playing surface must be flat, with no lip, raised edge, or screws. Only tokens may be used to play. Prize chips must lie on top of tokens, not on the playing surface. Any side drop chute, out-of-bounds slot, or other device by which tokens are returned to the operator must be visible to the player and clearly and permanently labeled. Any items falling over the cliff belong to the player. The machine must have a stop button, allowing the player to stop the bulldozer at his discretion. Not less than twelve prizes and three prize chips must be in play at each position at all times.
Added by Acts 1981, No. 918, §1, eff. Aug. 2, 1981. Acts 1983, No. 438, §1.
§ 4:10.4 Gambling prohibited
Amusement games operated in compliance with the provisions of R.S. 4:10 through 10.6 shall not be construed to be in violation of R.S. 14:90 provided:
(1) The game is conducted in accordance with the explanation of how the game is played as posted on the sign required by R.S. 4:10.
(2) No prize shall be displayed which cannot be won, and all prizes that can be won shall be displayed.
(3) Cash prizes are not awarded and merchandise prizes are not repurchased.
(4) The game is not operated on a build-up or pyramid basis whereby a prize must be returned in order to play another game or be returned to be eligible for a bigger prize, or the requirement that a prize which has been won be forfeited if the next or additional game is lost.
(5) The cost of playing the game is not more than two dollars and the value of any prize that can be won is not more than one hundred dollars.
Acts 1983, No. 438, §1; Acts 1997, No. 734, §1, eff. July 9, 1997.
§ 4:10.5 Exemptions
The provisions of R.S. 4:10 through 10.6 shall not apply to games operated by volunteers of churches, educational, charitable, eleemosynary, veteran or senior citizen organizations, or associations and civic or nonprofit organizations or associations.
Added by Acts 1981, No. 918, §1, eff. Aug. 2, 1981.
§ 4:10.6 Violations; penalties
Anyone who intentionally operates, who intentionally hires anyone to operate, or intentionally permits anyone to operate any games of chance or skill as listed in R.S. 4:10.3 or any other game of chance or skill for pay which defrauds or attempts to defraud the player, or who intentionally violates any other provision of R.S. 4:10 through 10.3 shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars nor more than two hundred fifty dollars for each violation. Each day on which a violation occurs shall be considered a separate offense.
Added by Acts 1981, No. 918, §1, eff. Aug. 2, 1981.
CHAPTER 2 AMUSEMENT TAX
§ 4:41 Amusement tax for relief of public and quasi-public charitable institutions and human service programs
Any parish or municipality of more than three hundred thousand inhabitants may levy a tax for the purpose of providing funds for public and quasi-public charitable institutions operated by a parish or municipal welfare department, and in the event of a surplus of such funds, to human service programs, as determined by the parish or municipal governing authority, within the respective parish or municipality on any theater, motion picture house, athletic contest, exhibition, pageant, production, demonstration, flower show, concert, musicale, recital, circus, freak show, minstrel show, lecture, address, night club, cabaret, dance, dance-hall, restaurant which provides either floor show, singing, dancing, or dancing facilities to patrons, excursion and sightseeing steamers which receive and discharge passengers in the same parish or municipality, aviation pleasure rides that take on and discharge passengers in the same parish or municipality, scenic railways, flying horses or merry-go-rounds, shooting galleries, and all games of skill and chance, as well as all mechanical devices operated for pleasure or skill where a fee is charged for admission or entrance or for the purpose of playing them, or where there is any charge whatever for them or in connection with them either directly or indirectly, or where admission is had by a season ticket.
Amended by Acts 1980, No. 819, §1, eff. Aug. 1, 1980.
§ 4:42 Amount of tax; collection from patron on admission
The local governing authorities shall not impose any amusement tax that will exceed five percent of the admission on the individual admission ticket, except that where the tax on the individual ticket amounts to any part of one cent, the full one cent shall be charged. The tax shall not be assumed by the seller of the ticket and the seller shall collect the tax from the purchaser of the ticket for remittance to the municipality levying the tax. The terms of the tax may be imposed only after a full schedule is set forth in an ordinance levying the tax, which ordinance shall include reasonable rules and regulations for collection.
§ 4:43 Admissions exempt from tax
No tax shall be levied under this chapter with respect to any admission to any church fair, church card or lotto party, church lecture, church picnic, or any religious festival, all of the proceeds of which inure to the benefit of a religious institution. No such tax shall be levied with respect to any admission to any charitable benefit, the proceeds of which inure exclusively to the benefit of charitable institutions; nor with respect to any admission charged the students or members of the faculty of any school or university which charges an admission fee in connection with the activities of the school or university; nor with respect to any admission of ten cents or less charged children under the age of twelve.
§ 4:44 Term "admission" defined
The term "admission" as used in this Chapter includes the charges made for seats and tables, reserved or otherwise, and other similar accommodations.
§ 4:45 Use of proceeds of tax
Parishes and municipalities shall provide that when collected, the proceeds of the license taxes, less the cost of collection, shall be used by the parish or municipality solely for public and quasi-public charitable institutions operated by a parish or municipal welfare department, and in the event of a surplus of such funds, to human service programs, as determined by the parish or municipal governing authority in the parish or municipality where collected. The funds shall be deposited in the parish or municipal general fund and shall be expended in accordance with this Chapter.
Amended by Acts 1980, No. 819, §2, eff. Aug. 1, 1980.
§ 4:46 Authority to impose penalties
Parishes and municipalities may impose reasonable penalties for violation of any ordinance authorized by this Chapter.
CHAPTER 3 BOXING AND WRESTLING
§ 4:61 Louisiana State Athletic Commission; domicile; authority
A. There is hereby created a Louisiana State Athletic Commission within the office of the governor. It shall consist of seven members, all of whom shall be appointed by the governor to serve at the pleasure of the governor making the appointment. Five members appointed by the governor shall be appointed, one from each Public Service Commission district and two from the state at large. Each appointment by the governor shall be submitted to the Senate for confirmation. The governor shall designate one member as chairman, one member as secretary, and one member as vice chairman. The secretary shall execute a bond of five thousand dollars, in favor of the state treasurer, for the faithful performance of the duties of his office. The premium of this bond shall be paid out of the commission funds.
B. The commission has sole and full discretion, authority, management, regulation, and control of all professional boxing, mixed technique events, and wrestling contests held, conducted, or given within this state, and such other powers and duties specified in this Chapter, and all other powers necessary and proper to enable it to execute fully and effectively all of the objects, purposes, duties, and policies of this Chapter. The commission shall have power in its discretion to declare forfeited the prize, remuneration, or purse, or any part thereof, belonging to the contestants or one of them, or the share thereof of any manager if, in its judgment, such contestant or contestants are not honestly competing or the contestant or manager of a contestant, as the case may be, has committed an act in the premises in violation of any rule, order, or regulation of the commission.
C. The commission shall be domiciled in and shall maintain an office in the city of New Orleans. Beginning July 1, 2019, the commission shall be domiciled in the city of Baton Rouge. The commission may sue to enforce the provisions of this Chapter in any of the courts in the state.
D. The commission may make any rules and regulations for the administration of its affairs as are not inconsistent with the terms and provisions of this Chapter. Four members of the commission constitute a quorum, and the concurrence of at least four members is necessary to render a decision, one of whom must be the chairman and one of whom must be the vice chairman or the secretary.
E. All members of the commission shall be persons of good moral character. No member of the commission shall be connected with professional or amateur boxing or wrestling either as promoter, associate promoter, agent, employee, manager, publicity agent or professional better, second, fighter or wrestler during his tenure as a member of the commission.
F. No member of the commission shall be liable in a civil action for any act performed in good faith in the execution of his duties as a commission member.
G. The commission, the individual members of the commission, and the state of Louisiana shall not be liable for damages in any civil action for any event which is promoted pursuant to R.S. 4:83(B). The provisions of this Subsection shall not apply to damages caused by gross negligence or willful or wanton misconduct.
Acts 1974, No. 553, §1. Amended by Acts 1977, No. 236, §1, eff. July 5, 1977; Acts 1980, No. 721, §1, eff. July 29, 1980; Acts 1985, No. 752, §1; Acts 1988, No. 576, §1, eff. Sept. 1, 1988; Acts 1993, No. 192, §1; Acts 2001, No. 8, §1, eff. July 1, 2001; Acts 2007, No. 90, §1; Acts 2018, No. 210, §1; Acts 2018, No. 356, §1; Acts 2025, No. 290, §1.
NOTE: SEE ACTS 1988, No. 576, §2.
§ 4:62 REPEALED BY ACTS 1993, No. 192, §2.
REPEALED BY ACTS 1993, No. 192, §2.
§ 4:63 Duties and authority of secretary of commission
A. The secretary of the commission or persons he shall appoint and supervise shall keep a full and true record of all its proceedings, receipts, and expenditures; preserve all its books, documents, and records; prepare for service such notices and other papers required of him by the commission; and perform such other duties as the commission may prescribe. The secretary may, under the direction of the commission, issue subpoenas for the attendance of witnesses with the same effect as if issued by a court of record and may, under the direction of the commission, administer oaths in all matters pertaining to the duties of his office or the administration of the affairs of the commission. Disobedience of such subpoenas or false swearing before the secretary shall carry the same penalties under existing laws as in an action before a district court. The secretary or his duly authorized representative shall also serve as an inspector at the ringside of every contest to see that order is maintained and may eject any offending person and prefer charges against him for violation of any of the terms or provisions of this Chapter or any of the rules and regulations of the commission.
B. The secretary or his duly authorized representative shall keep and preserve written minutes of all meetings, and he or his representative shall give notice of all meetings called to all members of the commission within a reasonable time prior to the meetings.
C. The secretary or his duly authorized representative shall keep a record of the receipts at professional boxing and wrestling contests or exhibitions.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1.
§ 4:64 Rules and regulations
The commission may make rules and regulations governing all boxing, mixed technique events, and wrestling contests or exhibitions under its jurisdiction, the sale of tickets at those contests or exhibitions, the promoters of those contests or exhibitions, and the contestants, their seconds and managers in those contests or exhibitions, and all other rules and regulations as the commission, in its discretion, deems necessary to carry out the purposes of this Chapter. Should any case occur which may not be covered in this Chapter or by the rules and regulations of the commission, it shall be determined by the commission, but only insofar as such determination is consistent with justice, the best interests of boxing, mixed technique event, and wrestling and with the powers and authority granted by this Chapter. A copy of the pertinent rules and regulations of the commission shall be furnished to the contestants or their managers in contests or exhibitions subject to the jurisdiction of the commission. No such contest or exhibition shall be conducted, held, or given except in accordance with the provisions of this Chapter and the rules and regulations of the commission, including but not limited to any official rules for sports not specifically mentioned in this Chapter that require commission approval or sanctioning, provided that no such boxing contest or exhibition shall exceed twelve rounds.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1; Acts 2026, No. 883, §1.
§ 4:65 Licenses; fees; bond
A.(1) The commission may issue a promoter's license to hold, conduct, or give boxing, mixed technique event, and wrestling contests or exhibitions to any applicant, including, in the case of corporations, its officers and stockholders, who, in the discretion of the commission, has the financial responsibility, experience, character, and general fitness, to be such that the licensing of such applicant will be consistent with the public interest, convenience, or necessity and with the best interests of boxing, mixed technique event, or wrestling generally and in conformity with this Chapter and the rules and regulations of the commission. Such licenses shall be issued for the calendar year, and the commission may require applicants therefor to submit their applications prior to the commencement of the calendar year. The holding of such a license shall not be construed to grant the licensee a vested right to have the license renewed the following calendar year. The number of licenses to be issued to hold, conduct, or give boxing, mixed technique event, or wrestling contests or exhibitions in any particular parish shall be determined by the commission, in its discretion consistent with the public interest, convenience, or necessity and with the best interests of boxing or wrestling generally.
(2) Before any such license is granted, the applicant shall execute and file with the Louisiana State Athletic Commission a bond of five thousand dollars in favor of the Louisiana State Athletic Commission as a security of good faith and ability to abide by the terms and provisions of this Chapter, for which the commission secretary shall issue to the applicant a certificate of its filing and approval. In lieu thereof, a certified check will be acceptable, which amount shall be kept on deposit by the secretary for the duration of the license period. This bond may be increased by the commission before approving the holding, conducting, or giving of any boxing, mixed technique event, or wrestling exhibition or contest, based upon the seating capacity of the hall or facility where said contest or exhibition is to be conducted. The following schedule shall govern the amount of the additional bond that may be required to be posted with the commission for the holding, conducting, or giving of a boxing, mixed technique event, or wrestling contest or exhibition:
BOND REQUIREMENTS
SEATING CAPACITY BOND
(1) 0 to 999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000.00
(2) 1,000 to 2,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,000.00
(3) 3,000 to 5,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30,000.00
(4) 6,000 to 9,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,000.00
(5) 10,000 or above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000.00
(3) The commission may require a bond from clubs, with security, for the faithful performance of all contracts entered into and approved by the commission. At the discretion of the commission, the amount of the performance bond required of a club may equal but shall not exceed the total amount of all professional boxing contracts entered into by that club. In lieu thereof, a certified check will be acceptable. This bond shall be in addition to the bond of between five thousand dollars and fifty thousand dollars hereinabove required.
(4) Notwithstanding any other provision of this Subsection, the commission shall not require the furnishing of any bond for a professional wrestling promoter who, during the calendar year the promoter's license is granted, promotes exclusively events authorized by R.S. 4:83(B).
B. The commission may charge the following fees for licenses:
(1) Wrestling and mixed technique event promoters. . . . . . . . . . . . . . .$ 500.00
(2) Boxing promoters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 250.00
(3) Matchmakers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00
(4) Referees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35.00
(5) Managers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35.00
(6) Announcers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35.00
(7) Professional boxing contestants in main bouts. . . . . . . . . . . . . . . . $ 35.00
(8) Seconds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35.00
(9) Professional wrestling contestants. . . . . . . . . . . . . . . . . . . . . . . . . .$ 35.00
(10) Other licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35.00
C. The commission may for cause, and after a hearing, revoke or suspend any license issued in accordance with the provisions of this Chapter, or may fine the holder of such license the sum of not more than five thousand dollars, or both, for any of the following reasons:
(1) Violation of any provision of this Chapter;
(2) Violation of any of the rules or regulations of the commission;
(3) Finding that the licensee has committed an act detrimental to the interests of boxing, mixed technique event, or wrestling generally or to the public interest, convenience, or necessity;
(4) Finding that the licensee has been guilty of or attempted any fraud or misrepresentation in connection with boxing, mixed technique event, or wrestling; or
(5) Finding that a licensee is under suspension or has had his boxing, mixed technique event, or wrestling license revoked in another jurisdiction.
Acts 1974, No. 553, §1. Amended by Acts 1981, No. 747, §1; Acts 1988, No. 576, §1, eff. Sept. 1, 1988; Acts 1990, No. 640, §1; Acts 1993, No. 890, §1; Acts 2007, No. 90, §1; Acts 2018, No. 210, §1; Acts 2025, No. 290, §1; Acts 2026, No. 883, §1.
§ 4:66 Professional boxing contracts; permits
A. Each club licensed to hold, conduct or give professional boxing contests or exhibitions shall furnish signed contracts to the commission as follows: (1) in the case of main event boxers, six days before the contest or exhibition; and (2) in the case of preliminary boxers, four days before the contest or exhibition. No such licensed promoting club, matchmaker, manager, boxer, or wrestler, may publicly announce or advertise that any bout or exhibition will take place unless such bout or exhibition has been formally approved by the commission.
B. Each club affected by the provisions of this chapter shall secure permits from the commission prior to holding any contest or exhibition. The commission shall not grant more than two permits a week to any club, nor shall the commission grant permits to more than one club in the same parish for the same date.
C. The commission may revoke permits for violation of any of the provisions of this chapter.
Acts 1974, No. 553, §1.
§ 4:67 Gross receipts tax; disbursements
A. For the maintenance of the commission, every club licensed and entitled to any of the privileges by virtue of this Chapter shall pay to the commission a tax of five percent of the gross receipts of each contest or exhibition, except amateur contests or exhibitions sanctioned by the commission. Notwithstanding any other provision of law, this Section shall be construed to apply to all facilities in the state in which contests or exhibitions are conducted or televised, except amateur contests. Notwithstanding any other provision of this Section, the total amount to be paid to the commission by any club for any one live contest or exhibition only shall never exceed the sum of fifty thousand dollars.
B. For the purpose of this Section, the total gross receipts of every individual, corporation, association, or club holding such contests, and upon which said five percentum or maximum amount is to be computed, shall include the gross price chargeable for the sale, lease, or other exploitation, or broadcasting, television, and motion picture rights of such contests, and without any deductions whatsoever for commissions, brokerage, distribution fees, advertising, or any other expenses, charges, and recoupments in respect thereto. Where a contest or exhibition is taking place at another area or place and is being televised to a club or theatre, such club or theatre shall be subject to the provisions of this Chapter, must apply to and be licensed by the commission, and shall pay the tax herein provided on the gross receipts of said paid commissions at said club or theatre.
C.(1) The taxes provided for by this Section shall constitute a special fund, which shall be disbursed as provided in this Chapter. The commission shall receive the following salaries: the chairman shall receive a salary of ten thousand dollars per annum; the vice chairman shall receive a salary of six thousand four hundred dollars per annum; the secretary shall receive a salary of seven thousand two hundred dollars per annum; the four other members of the commission each shall receive a salary of six thousand dollars per annum, all salaries to be paid from the monies available in the special fund. If the money available in the special fund is insufficient to pay the maximum salaries herein authorized, such salaries shall be reduced proportionately and paid in such amounts as will not exceed the funds available in the special fund.
(2) All expenses necessary to maintain the office of the commission and to carry on all of its business and affairs are also allowed from the fund. After the proper allocations of the moneys for the next fiscal year, the commission shall remit the remainder of the fund annually on June thirtieth to the general fund of the state.
(3) Payment of the salaries due under the provisions of this Subsection shall not be made to any member who fails to attend a regular meeting unless excused by the chairman for good cause. The reduction of salary for failure to attend a meeting shall be based on a share of the total salary due for the year divided by the total number of regular meetings in the year.
(4) Each member of the commission shall receive a per diem, in an amount set by the commission, not to exceed one hundred fifty dollars per day, for attendance at commission meetings or other official commission-approved business or activities, not to exceed ten days in any one month. Each member shall be reimbursed actual expenses reasonably necessary for attending commission or committee meetings or for representing the commission or participating in an official commission-approved activity.
Acts 1974, No. 553, §1. Amended by Acts 1978, No. 526, §1, eff. July 12, 1978; Acts 1979, No. 752, §1, eff. July 20, 1979; Acts 1982, No. 239, §1; Acts 1988, No. 576, §1, eff. Sept. 1, 1988; Acts 2002, No. 3, §1; Acts 2007, No. 90, §1; Acts 2010, No. 316, §1; Acts 2018, No. 356, §1; Acts 2025, No. 290, §1.
§ 4:68 Reports; payment of tax; counting of tickets; complimentary tickets
Every club licensed and exercising any of the privileges conferred by this chapter or by any rules or regulations of the commission and subject to the payment of the gross receipts tax shall, within twenty-four hours after each contest, submit to the secretary of the commission a written report showing the actual number of tickets sold, the gross receipts therefrom, and the number of press and complimentary tickets. Each shall, within twenty-four hours, pay to the commission the tax levied upon its gross receipts. The secretary of the commission, or a representative delegated by him, shall be present at the counting of the tickets, which shall be placed by the ticket-takers at each door of the building in which the exhibition is being held into a locked box which shall not be opened except in the presence of the secretary or his representative. The number and disbursement of complimentary tickets shall be regulated by the commission, provided, that in no case shall the number of such complimentary tickets exceed three hundred for each performance.
Acts 1974, No. 553, §1.
§ 4:69 Failure to make report or remittance; unsatisfactory and false reports
Whoever fails to make to the commission the report as provided in R.S. 4:68, or fails to make the remittance to the commission in the time limits set forth in R.S. 4:68, forfeits his license and the sum of five hundred dollars to the commission, which shall be recovered by suit filed by the commission. The money shall be remitted to the commission. Whoever makes a report which is unsatisfactory to the commission shall be suspended pending a hearing, at which time the commission may examine under oath its officers, and other witnesses. Should the report prove to be false the license is ipso facto forfeited.
Acts 1974, No. 553, §1.
§ 4:70 Physicians and emergency medical personnel
A. For each boxing, mixed technique, or professional wrestling event, the promoter shall appoint a physician, determined by the commission to be competent and of good standing, who shall examine each contestant before the contestant enters the ring, and who shall say whether the contestant is in physical condition to participate as advertised. The physician shall be present at the ringside. The physician shall render such advice or service as the commission requests. The fees of the physician for each individual event shall be paid by the club promoting the event and shall be reasonable and customary for the size and location of the event.
B. Each club promoting a boxing, mixed technique, or professional wrestling event shall pay for and obtain the attendance of emergency medical personnel to include no less than two attendants and an ambulance which shall be in attendance throughout each event.
C. Any physician so appointed by the promoter shall be an independent contractor of the commission, not an employee.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1; Acts 2018, No. 356, §1.
§ 4:71 Buildings and structures; exceeding seating capacity in sale of tickets or issuance of invitations
All buildings or other structures used for the purposes of this chapter shall be properly ventilated and provided with exits and fire escapes conforming with the laws, ordinances, and regulations of the city or parish. No club shall hold, conduct or give a boxing or wrestling contest or exhibition unless a certificate of the safety of the building or other structure has been issued by the city engineer and fire inspector. Any club which sells or causes to be sold more tickets, or gives out more invitations, than the seating capacity of the building, structure, or arena, shall for the first offense be fined three hundred dollars and for a second offense five hundred dollars. The commission shall recover this money in the manner provided for in this chapter. For a second offense the club also forfeits its license.
Acts 1974, No. 553, §1.
§ 4:72 Safety zone
A. At each event, there shall be an area around the ring or cage extending no less than eight feet as measured from the ring, cage, or from the catwalk which shall be partitioned at that distance of eight feet using ropes, fencing, police barriers, bicycle barriers, or other emplacements from the public seating and that area shall be referred to as the "safety zone".
B. All of the following shall apply to the safety zone:
(1) No one may enter the safety zone unless authorized by the commission.
(2) All seating inside of the safety zone shall be authorized only by the commission in attendance.
(3) Anyone entering the safety zone without the authority of the commission may be ejected from the event.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1; Acts 2025, No. 290, §1.
§ 4:73 Tickets
No club shall permit anyone to sell or exchange any ticket for seating reservations for more than the box office price. All press or complimentary tickets shall be marked complimentary on both coupons. The club shall see to the seating of every reserved seat ticket holder in the seat corresponding to the coupon held by the ticket holder.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1.
§ 4:74 Admission of persons under sixteen
No person under the age of sixteen shall be admitted to a contest unless accompanied by parent or guardian.
Acts 1974, No. 553, §1.
§ 4:75 Sham or fake contests or exhibitions
Whoever conducts or is a party to any sham or fake boxing contest or mixed technique event shall forfeit his license and shall not thereafter be entitled to receive any license pursuant to the provisions of this Chapter. Such person or persons shall be subject to fines as set forth in R.S. 4:65(C). Participants in a professional wrestling event are exempt from the provisions of this Section.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1.
§ 4:76 Shamming or faking by contestants
Any contestant who is guilty of a sham or fake boxing contest or mixed technique event shall for the first offense be suspended immediately for a period of six months from participation in any contest in this state and for the second offense shall be totally disqualified from further participation in any contest given by any club licensed for that purpose. The referee, after warning three times the contestant he believes to be shamming or faking, shall disqualify the contestant and award the decision to the opposing contestant and shall, moreover, prefer charges against the disqualified contestant before the commission. In such event, the club shall turn over to the secretary of the commission all monies payable to the disqualified contestant. If the referee believes both contestants to be shamming, he shall, after warning both contestants three times, disqualify them and call the event "no contest", and prefer charges before the commission against both contestants. In such cases the club shall refund to all persons in exchange for their seat coupons sixty percent of the face value of such coupons if the contest declared "no contest" is that scheduled and advertised as the main event and feature attraction, but the tax levied under this Chapter shall be paid to the commission as in all other contests or exhibitions, and the balance shall be retained by the club to cover its expenses in promoting the contest or exhibition. Participants in a professional wrestling event are exempt from the provisions of this Section.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1.
§ 4:77 Contestants to be in city three days before contest; period between contests
No contestant shall participate in a professional boxing contest who has not been in the city in which the contest is to be held at least three days before the contest or who has engaged in a contest within seven days from the date selected for the contest under the rules of the commission. However, the commission may waive the above provision of this chapter in all cases where the best interest of the public and the spectators is served. The club conducting such contest shall notify the commission when the contestant arrives, and the commission may require the contestant to spar prior to the boxing contest.
Acts 1974, No. 553, §1.
§ 4:78 Seconds
No contestant shall have more than three seconds in his corner, and these seconds shall be required to remain in their corners. For the use of the seconds small stools or chairs shall be provided by the club. For any reason deemed to be sufficient by the commission, and made public, the commission may refuse permission to any individual to act as second.
Acts 1974, No. 553, §1.
§ 4:79 Referees and judges; appointment of event coordinator
A. The commission may grant to referees and judges licenses good for a period of one year. Referees and judges appointed shall not be suspended except on proof of connivance in fakes, failure to enforce the rules of the commission, or incompetency. There is no appeal from the referee's and judges' ruling. Only residents of Louisiana are eligible to appointment and license as regular referees and judges and shall have resided in the state for not less than six months before the date of the contest. Referees may give decisions in all contests so advertised. The appointment of judges is at the discretion of the commission.
B. This Section does not prohibit the commission, at its discretion, from appointing a "name" referee, or one well known for his outstanding ability, to referee a special or championship match even though said referee is not a resident of Louisiana.
C. In addition, the commission may appoint an events coordinator, for any boxing event the commission deems necessary, whose fee shall be paid by the club promoting the event in question, in an amount fixed by the commission.
D. The fees for the referees and judges for each individual event shall be paid by the club promoting the event in question and shall be reasonable and customary for the size and location of the event.
E. Any referee, judge, or other official appointed by the commission shall be considered an independent contractor of the commission, not an employee.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1; Acts 2025, No. 290, §1.
§ 4:80 Representing contestant or sharing in purse; payment of purse
A. No referee, club owner, club officer, club, or member of the commission shall represent any contestant or receive from a contestant any share of his purse. Any violation of this rule subjects the violator to forfeiture of his license.
B. Whenever the payment of a purse is in dispute, the commission may withhold all or any portion thereof pending a hearing on the disbursement thereof, or, in its discretion, may order the purse deposited in the registry of a court of competent jurisdiction.
Acts 1974, No. 553, §1.
§ 4:81 Open betting or quoting of odds; insulting or abusive remarks
A. There shall be no open betting or quoting of odds in the club or arena where the exhibition or contest is being held. Whoever does so shall be ejected.
B. There shall be no insulting or abusive remarks made by seconds, managers, or spectators and directed at the contestants. The officers of the club and the attending member of the commission shall at once eject persons who violate this or any other provision of this Chapter.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1.
§ 4:81.1 Tough-man contest; prohibition
A. For the purposes of this Chapter, "tough-man contest" shall mean any boxing match, wrestling event, or competition, or combination thereof, between two or more persons, whether professional or amateur, who use their hands, with or without gloves, or their feet, or both, in any manner unauthorized by the Louisiana State Athletic Commission, and compete for money, financial prize, or any item of pecuniary or nonpecuniary value or compete at an event where a fee is charged whereby either participant may obtain pecuniary gain. The term "tough-man contest" shall not include, nor shall the provisions of this Section apply to any contest, competition, or exhibition of any of the recognized martial arts including karate, judo, kung fu, tae kwan do, jujitsu, kickboxing, or any substantially similar tradition.
B. No person shall conduct, promote, or in any manner participate in any tough-man contest or exhibition. Any person violating this Section as a participant, promoter, judge, or referee shall be subject to criminal charges and penalties as provided in R.S. 14:102.11.
Added by Acts 1981, No. 747, §2; Acts 1995, No. 1275, §1; Acts 2025, No. 290, §1.
§ 4:82 Noncompliance with Chapter; penalty
Whoever conducts, promotes, or in any manner participates in any boxing, mixed technique event, or wrestling contest or exhibition without first complying with the provisions of this Chapter shall be fined not more than five thousand dollars.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1; Acts 2026, No. 883, §1.
§ 4:82.1 Noncompliance with Chapter; criminal penalty
A. No person shall conduct, promote, or in any manner participate in any boxing, mixed technique, or wrestling event or exhibition without the sanctioning of the commission. Any person violating this Section as a participant, promoter, judge, or referee shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
B. A person convicted of a violation of the provisions of this Chapter shall additionally be ineligible for licensure under the provisions of this Chapter for a period of five years from the date of conviction.
Acts 2007, No. 90, §1.
§ 4:82.2 Noncompliance with Chapter; injunction
A. In addition to or in lieu of the criminal penalties or administrative remedies or sanctions provided in this Chapter or administrative rules, the commission may issue an order to any licensee or other person or entity engaged in any activity, conduct, or practice in violation of this Chapter or those rules, directing that person or entity to immediately cease and desist from that activity, conduct, or practice. This order shall be issued in the name of the state, under the official seal of the commission.
B. If the person or entity to whom the commission directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice within three business days of receipt of that order, the commission, through its proper officer or agent, may seek and cause to issue in any court of competent jurisdiction and venue a writ of injunction, including a temporary restraining order, enjoining that person or entity from engaging in the prohibited activity, conduct, or practice.
C. In a suit for an injunction, the commission may demand of the defendant reasonable attorney fees, associated investigative and administrative expenses, and costs of court. The judgment for attorney fees, expenses, and costs may be rendered in the same judgment in which the injunction is made absolute.
D.(1) Upon a proper showing by the commission that a person or entity has engaged in any activity, conduct, or practice prohibited by this Chapter or commission rule, the court shall issue a temporary restraining order enjoining that person or entity from engaging in that unlawful activity, conduct, or practice pending a hearing on a preliminary injunction, and, in due course, a permanent injunction shall be issued after a hearing, commanding the cessation of that unlawful activity, conduct, or practice complained of, without the necessity of the commission giving bond as ordinarily required in such cases.
(2) A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this Section shall not be released upon bond.
E. The trial of the proceeding for injunction shall be summary and by the judge without a jury.
Acts 2007, No. 90, §1; Acts 2026, No. 883, §1.
§ 4:83 Application of Chapter; professional wrestling events; required notice; exemptions
A. The provisions of this Chapter do not apply to amateur contests, competitions, or exhibitions.
B. The provisions of R.S. 4:65(A)(2), 67(A) and (B), 68 through 70, 72, 73, and 79(C) shall not apply to any professional wrestling event provided all of the following conditions are met:
(1) The promoter and all participants are licensed pursuant to R.S. 4:65(A)(1) and (B).
(2) The venue for the event is either a primary or secondary school gymnasium or has a capacity of one thousand persons or fewer as certified by the state fire marshal.
(3) There is present at each event, from the start of the event until the finish of the event, an individual of the full age of majority, who is not a participant in the event, who has documented current certification in Infant/Child/Adult CPR.
(4) The promoter secures a commercial liability policy for a minimum of one hundred thousand dollars or provides proof to the secretary of the commission that the venue provides a liability policy in that amount, which policy shall be in full force and effect at the time of the event.
(5) All applicable provisions of this Chapter and the rules and regulations for the commission are observed and obeyed during the event.
(6) The promoter provides, no less than fifteen days prior to the event, written notice to the secretary of the commission which certifies the compliance with Paragraphs (1) through (5) of this Subsection and includes verifying documents.
C. The following shall apply to any professional wrestling event conducted pursuant to Subsection B of this Section:
(1) The promoter shall not be required by the commission to pay any show date reservation fee however, the commission shall charge a fee of two hundred fifty dollars for the approval and review of the written notice required by Paragraph (B)(6) of this Section.
(2) A promoter shall not be required by the commission to purchase health insurance for the event.
(3) Notwithstanding any provision of law to the contrary, the commission shall not be required to have any representative present at the event.
(4) The promoter shall at all times be responsible at the event for compliance with the applicable provisions of this Chapter and the rules and regulations of the commission.
(5) The promoter shall, within the fifteen days following the event, report in writing the results of each event.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1; Acts 2018, No. 210, §1; Acts 2025, No. 290, §1.
§ 4:84 Administrative procedure
The commission's hearings, practice and procedure and rule and regulation making procedure are as provided in the Administrative Procedure Act, R.S. 49:950 et seq., except as otherwise provided in this Chapter.
Acts 1974, No. 553, §1.
§ 4:85 Definitions; construction
As used in this Chapter:
(1) "Amateur" means any of the following:
(a) Contests or exhibitions of armed or unarmed combat or any combination thereof conducted by or participated in exclusively by any state-accredited middle school or high school, college, or university, or by any association or organization of a school, college, or university, when each participant in the contests or exhibitions is a bona fide student in the state-accredited middle school or high school, college, or university.
(b) Any boxing contest or exhibition if it is registered and sanctioned by United States Amateur Boxing, Inc., or Golden Gloves of America as an amateur boxing contest or exhibition.
(c) Any contest or exhibition which specifically has been named by the commission as an amateur event.
(2) "Club" means any club, corporation, association, or individual under the authority of the commission.
(3) "Commission" means the Louisiana State Athletic Commission.
(4) "Exhibition" means:
(a) As applied to boxing and mixed technique events, any event in which the participants show or display their skills without necessarily striving to win.
(b) As applied to professional wrestling events, bouts for entertainment purposes wherein there are no dangerous blows intended to be struck and the result of each bout is predetermined.
(5) "Mixed technique event" means contests in which contestants attack and defend with wrestling or grappling and with the fists and other parts of the human body, including but not limited to the foot, knee, leg, elbow, or head, wherein dangerous blows are intended to be struck with full contact. The term "mixed technique event" shall not include nor shall the provisions of this Chapter apply to any contest, competition, or exhibition of any of the recognized martial arts, including but not limited to karate, judo, kung fu, tae kwan do, jujitsu, kickboxing, tang soo do, or any substantively similar tradition.
(6) "Professional boxer" means any person who competes for a money prize or teaches, pursues, or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain.
(7) "Professional wrestler" means any person who does not qualify as an "amateur" and who participates in staged matches wherein no dangerous blow is intended to be struck and where there is a predetermined winner, whether or not the participant competes for a money prize or pecuniary gain.
(8) "Professional wrestling event" means any event which does not qualify as either a mixed technique event or amateur or boxing contest and which features in any way a professional wrestler and which qualifies as an exhibition under Subparagraph (4)(b) of this Section.
Acts 1974, No. 553, §1; Acts 2007, No. 90, §1; Acts 2025, No. 290, §1.
CHAPTER 4 RACING
PART I HORSE RACING
§ 4:141 Legislative intent and policy
A. It is the policy of the state of Louisiana in furtherance of its responsibility to provide revenues for the operation of state government for its people, to acknowledge and declare that the providing of funds and financial assistance to licensed horse racing tracks in the state of Louisiana constitutes an authorized public function and purpose of the state of Louisiana, to encourage forceful and honest statewide control of horse racing for the public health, safety, and welfare by safeguarding the people of this state against corrupt, incompetent, dishonest and unprincipled horse racing practices;
(1) To institute and maintain a program to encourage and permit development of the business of horse racing with pari-mutuel wagering thereon on a high plane.
(2) To institute and maintain a program to encourage and permit development of the breeding and ownership of race horses in the state.
(3) To institute and maintain a regulatory program for the business of racing horses, which program assures the protection of public health, safety and welfare, vesting with the commission forceful statewide control of horse racing with full powers to prescribe rules and regulations and conditions under which all horse racing is conducted with wagering upon the result thereof with the state.
(4) To institute and maintain a program to provide financial assistance that will encourage and permit the development of the business of horse racing by licensed horse racing tracks in the state of Louisiana.
(5) To institute and provide a program for the regulation, ownership, possession, licensing, keeping, and innoculation of animals on premises under its control and supervision not inconsistent with the rules and regulations of the state livestock and sanitary board.
B. This Chapter is an exercise of the police powers of the state to promote the public health, safety and welfare.
Acts 1968, No. 554, §1. Amended by Acts 1978, No. 143, §1, eff. June 29, 1978.
§ 4:142 Purpose
It is the purpose of this Chapter to effectuate the policies set forth in R.S. 4:141 by providing for:
(1) A program to permit maximum development of the business of horse racing with pari-mutuel wagering thereon.
(2) A program to permit maximum development of the breeding and ownership of race horses in this state.
(3) A program of effective regulation of the business of horse racing and to promote the orderly conduct of horse racing.
(4) A program to authorize and establish procedures for assumption and performance of certain regulating responsibilities in connection with and the licensing, by conferring such privilege to persons, corporations or associations possessed of the personal, professional and business qualifications specified in this Chapter and for the withdrawing of such privileges.
Acts 1968, No. 554, §1.
§ 4:143 Definitions
Unless the context indicates otherwise, the following terms shall have the meaning ascribed to them below:
(1) "Association" means any person, association, or corporation licensed by the commission to conduct horse racing within the State of Louisiana for any stakes, purse, or reward.
(2) "Commission" means the Louisiana State Racing Commission within the office of the governor.
(3) "Corrupt practice" means anything which can reasonably be construed as unlawfully pre-arranging or attempting to unlawfully pre-arrange the order of finish of a race.
(4) "Historical horse racing" means a form of horse racing that creates pari-mutuel pools from wagers placed on horse races previously run at a pari-mutuel facility licensed in the United States; concluded with official results; and concluded without scratches, disqualifications, or dead-heat finishes through machines permitted and authorized by the commission.
(5) "Horseman" means an owner or trainer of a race horse.
(6) "Horsemen's Benevolent and Protective Association" means the Horsemen's Benevolent and Protective Association's successor corporation, the Louisiana Horsemen's Benevolent and Protective Association 1993, Inc., commonly known as the HBPA.
(7) "Licensee" means any person, partnership, corporation or business entity receiving a license, permit or privilege from the commission to conduct a race meeting or meetings.
(8) "Meeting or race meeting" means the whole consecutive period, Sundays excluded, for which a license to conduct live races has been granted to any one association by the commission.
(9) "Pari-mutuel wagering", "pari-mutuel system of wagering", or "mutuel wagering" means any method of wagering previously or hereafter approved by the commission in which one or more patrons wager on a horse race or races, whether live, simulcast, or previously run. Wagers shall be placed in one or more wagering pools, and wagers on different races or sets of races may be pooled together. Patrons may establish odds or payouts, and winning patrons share in amounts wagered including any carryover amounts, plus any amounts provided by an association less any deductions required, as approved by the commission and permitted by law. Pools may be paid out incrementally over time as approved by the commission.
(10) "Permittee" means any person, partnership, corporation or business entity receiving a license, permit or privilege from the commission to engage in a business, occupation or profession on the grounds of an association licensed to conduct a race meeting in Louisiana by the commission.
(11) "Purse" means the amount of money offered by the association for any given race.
(12) "Purse supplement" means the amount of money added to the purse by any interest other than the association.
(13) "Races" or "racing" means live racing conducted by a licensee in this state, unless otherwise specifically described.
(14) "Racing official" means one of the officials of a race meeting as follows: stewards, placing judges, patrol judges, clerk of scales, starter, handicapper, timer, paddock judge, the racing secretary.
(15) "Racing secretary" means the racing official who shall (a) write and publish the conditions of each race to be run at any race meeting, and (b) such other duties as may be assigned to him by the Rules of Racing and/or the commission.
(16) "Racing year" means the fiscal year from July 1 of each year to June 30 of the year next following, or means the calendar year from January 1 to December 31 of each year as may be requested by an applicant seeking a license to operate a race meeting in its application for a license. When an application for a race meeting is granted pursuant thereto, the licensee shall be limited to the maximum number of racing days that may be granted in any one racing year approved by the commission.
(17) "Rules" mean the rules and regulations of the commission.
(18) "Secretary" as used herein means the governor through the commissioner of administration.
(19) "Stewards" mean the stewards of the meeting or their duly appointed deputies.
Acts 1968, No. 554, §1. Amended by Acts 1972, No. 733, No. 2; Acts 1976, No. 260, §1; Acts 1982, No. 58, §1, eff. July 1, 1982; Acts 2001, No. 8, §1, eff. July 1, 2001; Acts 2005, No. 309, §1; Acts 2014, No. 731, §1; Acts 2021, No. 437, §1, eff. June 21, 2021.
§ 4:144 Louisiana State Racing Commission; creation; membership; tenure; powers and duties; quorum; qualification of members; per diem; expenses and disbursements; bond; prohibited interest
A. There is hereby created within the office of the governor a racing commission, to be known as the "Louisiana State Racing Commission". The commission shall have the powers and duties specified in this Part and all other powers necessary and proper to enable it to execute fully and effectually all of the objects, purposes, duties, and policies of this Part. It shall be composed of thirteen members, one person from each congressional district; four persons, consisting of one member domiciled in each of the following parishes: Calcasieu, St. Landry, Bossier, and Orleans; and the remaining person or persons from the state at large. The members shall be appointed by the governor. Each appointment by the governor shall be submitted to the Senate for confirmation. The governor shall select one member of the commission to serve as chairman. The commission shall select from among its membership a vice chairman and a second vice chairman for two-year terms. Each member shall serve at the pleasure of the governor. A majority of the members shall constitute a quorum for the transaction of any business or the exercise of any power.
B.(1) Members shall be residents of Louisiana, over the age of thirty, and shall possess good moral character. Each shall have resided in Louisiana for at least five years immediately preceding his appointment.
(2)(a) No member shall be an official, member of any board of directors, or person financially interested in any race track or race meeting licensed by the commission.
(b) Any member may be an owner of racehorses that participate in any race meeting licensed by the commission.
(c) Two members may be licensed practicing veterinarians of licensees of the commission.
(3) The commission shall provide by rule for investigation and resolution of alleged violation of Paragraph (2) of this Subsection. These rules shall include the suspension of the board member pending conclusion of the investigation and removal of the member in the event of a violation. Any member removed as a result of a violation of Paragraph (2) of this Subsection shall not be eligible for reappointment for a period of five years.
(4) Nothing in this Subsection shall prohibit a member of the Louisiana State Racing Commission from owning a horse that sired or bred a racehorse that participates in a race meeting licensed by the commission, or from participating in a breeder or stallion award.
C. Members shall serve without salary but shall receive a per diem at the rate of one hundred dollars per day while attending official meetings, regular or special, of the commission called by the chairman, or in his absence, one of the vice chairmen, not to exceed four thousand dollars per annum. The commission shall reimburse its members and employees for all travel expenses and disbursements incurred by them in the discharge of their official duties. They shall give a bond to the governor in the amount of ten thousand dollars, conditioned that they will faithfully and honestly perform the duties of their office. The premium for the bond shall be paid by the commission.
Acts 1968, No. 554, §1. Amended by Acts 1976, No. 259, §1; Acts 1977, No. 270, §1, eff. July 7, 1977; Acts 1979, No. 543, §1; Acts 1981, No. 778, §1; eff. July 28, 1981; Acts 1981, No. 786, §1; Acts 1984, No. 750, §1, eff. July 13, 1984; Acts 1985, No. 641, §1, eff. July 16, 1985; Acts 1989, No. 629, §1; Acts 2001, No. 8, §1, eff. July 1, 2001; Acts 2004, No. 328, §1; Acts 2004, No. 688, §1; Acts 2012, No. 803, §1; Acts 2020, No. 214, §1; Acts 2024, No. 639, §1.
§ 4:145 Executive director; officers; employees; domicile; report to central registry
A. The commission shall select a full-time executive director and may employ a full-time assistant executive director, whose qualifications, duties, and salaries shall be fixed by the commission. Both positions shall be unclassified and the individuals selected shall serve at the pleasure of the commission.
B. The official domicile of the commission shall be in New Orleans, Louisiana. The commission shall maintain an office at its domicile for the transaction of its business, and where it may employ assistants, clerks, or such other employees as it deems necessary for its proper functioning. It may also maintain a branch office in any other parish while racing is being conducted in that parish.
C. In addition to the duties prescribed by the commission, the executive director shall keep records of all proceedings, preserve all books, maps, documents, papers, records, and reports entrusted to its care, and keep them open for public inspection.
D. The name, address, and location of any such establishment licensed for operating, holding, or conducting any authorized game, gaming or wagering activity, or game of chance issued pursuant to this Chapter, including the name and address of each person who has or controls, directly or indirectly, more than five percent ownership, income, or profit interest, shall be submitted, and updated at least quarterly, to the Louisiana Gaming Control Board for inclusion in a central registry of licensed gaming operators pursuant to R.S. 27:15(B)(3)(c).
Acts 1968, No. 554, §1; Acts 1992, No. 901, §1, eff. July 8, 1992; Acts 1997, No. 1192, §1.
§ 4:145.1 Exclusive venue for law suits against the commission
The commission may be sued only in the city of New Orleans, parish of Orleans or in the parishes of Bossier, Calcasieu, or St. Landry.
Added by Acts 1977, No. 229, §1, eff. June 30, 1977; Acts 2007, No. 129, §1.
§ 4:145.2 Exclusive venue for judicial review of adjudication
Notwithstanding the provisions of R.S. 49:978.1(B), proceedings for judicial review of a final decision or order in an adjudication proceeding by the commission may be instituted by filing a petition in the district court in the parish where the matter arose that was the subject of the final decision or order within thirty days after mailing notice of the final decision by the commission or, if a rehearing is requested, within thirty days after the decision thereon. Copies of the petition shall be served upon the commission and all parties of record.
Acts 2010, No. 675, §1.
§ 4:146 Attorney for commission; executive director to serve as treasurer of commission; duties; report
A. The attorney general shall designate one of his assistants to act as attorney for the commission, without additional salary, who shall counsel and advise the commission, shall represent it in all legal proceedings, and shall prosecute any violation of the provisions of this Part.
B. The executive director is ex officio treasurer of the commission. He shall verify licenses, verify that all fees, taxes, and money provided for in this Part are deposited, and supervise, check, and audit the operations of the pari-mutuel wagering pools, its conduct and distribution. The licensee of each race meeting shall furnish to the commission a daily report of the audit and shall post in a conspicuous place copies of the worksheet of its pari-mutuel wagering department. The executive director shall be bonded, the amount and conditions of his bond to be fixed by the commission.
Acts 1968, No. 554, §1. Amended by Acts 1982, No. 58, §1, eff. July 1, 1982; Acts 1990, No. 561, §1, eff. June 30, 1990.
§ 4:147 Specific duties of commission
A. The commission shall carry out the provisions of this Part, including the following specific duties:
(1)(a) To assign the dates race meetings may be conducted in this state at any particular track, including dates which limit racing at a particular track for quarter horses only, provided that:
(i) To the extent possible, it shall prohibit the conducting of any thoroughbred race meetings having the same or overlapping dates for such race meetings at thoroughbred race tracks within the state.
(ii) To the extent possible, it shall prohibit the conducting of any exclusively quarter horse race meetings having the same or overlapping dates for such race meetings at any other exclusively quarter horse track within the state.
(b) To set the minimum number of live races required per race day at any particular track.
(2)(a) To appoint three stewards to serve each day of each race meeting conducted under the provisions of this Part. One of the stewards shall be appointed by the commission to represent the Louisiana State Racing Commission and shall be designated as the state steward who shall upon appointment be residing in the state.
(b) The amount to be paid by the commission to the state steward as compensation for his services shall be at least the same amount paid to the two stewards appointed to represent an association, and the association shall reimburse the commission in an amount equal to the amount paid by it to the state steward as his compensation, as aforesaid, which amount shall be considered an additional fee due the state by an association for the privileges granted in its license.
(c) Two of the stewards shall be nominated by the association conducting a race meeting under the provisions of this Part and, prior to serving as such, shall be approved and appointed by the commission. The amounts to be paid these two stewards as compensation for their services shall be paid by the association nominating them, which amounts shall also be considered an additional fee due the state by an association for the privileges granted in its license.
(d) The commission may appoint other stewards to be compensated by it and assign to each such duties as are consistent with this Part; however, such other stewards shall not serve as a steward in the stewards stand during any race meeting conducted under the provisions of this Part, except with the written consent of the association conducting such race meeting.
(e) The commission shall be required to show just cause for not appointing any racing official submitted to it for its approval.
(3)(a) To make an annual report to the governor and the legislature of its operation, its own actions and rulings, and the receipts derived under the provisions of this Part; and to offer such practical suggestions as it deems proper to accomplish more fully the purposes of this Part.
(b) To make an annual report to the governor and the legislature regarding the race calendar, field size, the number of races, handle, attendance, the effect of overlapping race days compared to previous years, and any other relevant matters along with any recommendations to improve the racing industry in the state.
(4) To require of each applicant seeking a license to operate a race meeting an application setting forth:
(a) The full name of the person and, if a corporation, the name of the state under which it is incorporated and the names of the corporation's agents for the service of process within Louisiana.
(b) If an association or corporation, the names of the stockholders and directors of the corporation or the names of the members of the association.
(c) The exact location where it is desired to conduct or hold a racing meet.
(d) Whether or not the racing plant is owned or leased, and if leased the name and address of the owner, or if the owner is a corporation, the names of its directors and shareholders. However, nothing in this Part prevents any person from applying to the commission for a permit to conduct races where the racing plant has not yet been constructed.
(e) A statement of the assets and liabilities of the person applying for a license.
(f) The kind of racing to be conducted and the dates requested.
(g) Such other information as the commission may require.
(5) To require an oath of every applicant, by the person or executive officer of the association or corporation, stating that the information contained in the application is true.
(6) To make rules and regulations for the holding, conducting, and operating of all race meets and races held in Louisiana, provided such regulations are uniform in their application and effect.
(7) To make rules and regulations providing for minimum standards and infrastructure investments required for each association regarding facility maintenance and facility improvements, including but not limited to track surface, barns, grandstands, and paddocks in order for the association or licensee to conduct race meets at a particular track.
(8) To make rules and regulations providing for full-time and seasonal employment recommendations for pari-mutuel windows and kiosk repair staffing in order for the association or licensee to conduct race meets at a particular track.
(9) To make rules and regulations applicable to offtrack wagering facility licensees for pari-mutuel wagering that occurs in a sports book lounge of an entity licensed by the Louisiana Gaming Control Board to conduct sports wagering pursuant to Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950.
B. The commission shall not make rules regarding the operation or hours of operation of a racetrack other than matters necessary to the holding of such race meetings and pari-mutuel wagering.
Acts 1968, No. 554, §1. Amended by Acts 1969, No. 36, §1; Acts 1974, No. 626, §1; Acts 1976, No. 589, §1; Acts 2005, No. 260, §1; Acts 2019, No. 221, §2; Acts 2021, No. 436, §§1, 2, eff. July 1, 2021; Acts 2022, No. 525, §1, eff. June 16, 2022; Acts 2022, No. 530, §1, eff. June 16, 2022; Acts 2023, No. 103, §1, eff. July 1, 2023; Acts 2023, No. 258, §1, eff. June 12, 2023.
§ 4:147.1 Commission; purse supplements; additional or substitute races and race days; force majeure
A. For the purposes of this Section, "eligible facility" has the same meaning as that term defined in R.S. 27:353(4).
B. If the commission determines that a licensed eligible facility is affected and therefore unable to conduct all or part of a scheduled race meet, authorized by the commission, due to a natural disaster, an act of God, force majeure, a catastrophe, or such other occurrence over which the eligible facility has no control, the commission notwithstanding any other law:
(1) May authorize additional or substitute races and race days up to the number of races or race days that are unable to be conducted at the affected licensed eligible facility to be conducted at another licensed eligible facility. Upon such authorization of additional or substitute races and race days, the commission shall order the transfer of a pro rata portion of the annual net slot machine proceeds received for purses from slot machine gaming operations and those other monies received which are dedicated by law to purses at the affected licensed eligible facility to the other licensed eligible facility in order to supplement purses for horse races at the other licensed eligible facility conducting the additional or substitute races and race days. The funds so transferred shall be proportional in amount to the number of races held at each of the two eligible facilities during the entirety of the time period of the scheduled race meet, if any, and the time period of the additional or substitute races and race days. The funds transferred pursuant to this Section shall be used exclusively for the purses of the additional or substitute races.
(2) Shall meet, subsequent to November 10, 2005, and authorize a revised race meet for the affected licensed eligible facility that reflects the number of races and race days, if any, the commission determines is reasonable under the circumstances.
C. Upon notification by the affected licensed eligible facility and verification by the commission, that the affected licensed eligible facility is capable of resuming races in accordance with the revised race meet schedule, if any, the commission shall authorize and order the transfer of races and race days and any remaining transferred purse funds back to the formerly affected licensed eligible facility upon a finding by the commission that said action is reasonable under the circumstances.
D.(1) Notwithstanding any provision of law to the contrary and upon agreement of the Horsemen's Benevolent and Protective Association and the licensed eligible facilities transferring and receiving purse funds, the commission may approve the transfer of any purse funds for thoroughbred race purses from one licensed eligible facility to another licensed eligible facility to supplement thoroughbred purses at a thoroughbred race meet. Funds transferred pursuant to this Paragraph shall be awarded within one year of the date of transfer.
(2) Notwithstanding any provision of law to the contrary and upon agreement of the Horsemen's Benevolent and Protective Association and the licensed eligible facilities transferring and receiving purse funds, the commission may approve the transfer of any purse funds for quarter horse race purses from one licensed eligible facility to another licensed eligible facility to supplement quarter horse purses at a quarter horse race meet. Funds transferred pursuant to this Paragraph shall be awarded within one year of the date of transfer.
E. Notwithstanding any provision of law to the contrary and upon agreement of the Horsemen's Benevolent and Protective Association and the involved licensed eligible facilities, the commission may approve the transfer of a race meet, for either or both thoroughbred races and quarter horse races, from one licensed eligible facility to another licensed eligible facility. The transfer of a race meet pursuant to the provisions of this Subsection includes the transfer of all applicable purse funds that would have been required to be paid at the race meet. All existing statutes governing the payment of purses required at the licensed eligible facility receiving the race meet shall remain in full force and effect as if the race meet had not been moved to the licensed eligible facility receiving the race meet.
Acts 2005, 1st Ex. Sess., No. 49, §1, eff. Dec. 6, 2005; Acts 2018, No. 575, §1, eff. May 30, 2018; Acts 2020, No. 342, §1, eff. July 12, 2022; Acts 2024, No. 642, §1.
§ 4:147.2 Additional powers of commission; force majeure
The powers of the commission shall include but not be limited to the discretion to approve the conduct of less than eighty days within a consecutive twenty-week period or a different consecutive or nonconsecutive period, whenever an eligible facility is prevented from live racing as a result of a natural disaster, an act of God, force majeure, a catastrophe, or such other occurrence over which the licensee has no control.
Acts 2005, 1st Ex. Sess., No. 54, §2, eff. Dec. 6, 2005.
§ 4:147.3 Authority to obtain criminal history record information
A. The legislature hereby finds and declares that it is vitally important to the public safety, interest, and welfare of the state to protect Louisiana residents and their residences, businesses, and other property, as well as visitors to the state, by reasonably regulating the licensing of persons participating in the horse racing industry in the state.
B. As used in this Section:
(1) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
(2) "Commission" means the Louisiana State Racing Commission.
(3) "Criminal history record information" means all state records of arrest, prosecution, and conviction, including those that have been expunged or dismissed pursuant to Code of Criminal Procedure Articles 893 and 894, and national records which include fingerprints of the applicant and other identifying information, if so requested by the commission.
(4) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.
(5) "Licensee" means any person, partnership, corporation, or business entity receiving a license, permit, or privilege from the commission to conduct a race meeting or meetings.
C.(1) Pursuant to this Section, the commission may request and obtain state and national criminal history record information from the bureau and the FBI regarding each applicant.
(2) Notwithstanding Paragraph (1) of this Subsection, the commission's use of fingerprints shall be for the limited purpose of determining the eligibility of each applicant and conducting directly related matters in accordance with the suitability standards outlined in R.S. 4:150.
(3) The commission shall be entitled to the criminal history record and identification files of the bureau of any person who is licensed or who is applying to be licensed. Fingerprints and other identifying information of the applicant shall be submitted to the bureau, and the bureau shall, upon request of the commission and after receipt of the fingerprint card and other identifying information from the applicant, make available to the commission all arrest and conviction information contained in the bureau's criminal history record and identification files. In addition, the fingerprints shall be forwarded by the bureau to the FBI for a national criminal history record check.
(4) In accordance with the authority provided for in this Chapter, the costs of providing the information required by this Section shall be charged by the bureau, as specified in R.S. 15:587, for furnishing information contained in the bureau's criminal history record and identification files, including any additional costs of providing the national criminal history record check, which pertains to the individual. All costs or fees for furnishing the information may be imposed on the individual.
D. All criminal history record information obtained by the commission shall be available for review by the Louisiana Department of Justice as part of an application for a license. The authority of this agency directly related to the issuance of licenses is provided for in R.S. 4:146.
Acts 2026, No. 494, §1.
§ 4:148 Rules, regulations, and conditions
The commission shall make rules, regulations, and conditions for the holding, conducting, and operating of all race tracks, race meets, and races held in this state, historical horse racing, and for the conduct of the racing industry of this state under this Part. Special rules, regulations, and conditions may be promulgated separately for thoroughbred racing and for quarter horse racing. The rules, regulations, and conditions shall be consistent with this Part and provide for and deal with all matters necessary to the holding of such race meetings and pari-mutuel wagering.
Acts 1968, No. 554, §1. Amended by Acts 1970, No. 602, §1; Acts 1974, No. 626, §1; Acts 1978, No. 64, §1, eff. June 15, 1978; Acts 2021, No. 437, §1, eff. June 21, 2021.
§ 4:148.1 Jockeys; riding engagements contracted by same agent; number of riders limited per race
A. No jockey agent shall contract with a racing association for more than two riders to start in any one race, except stake races, who are under contract to the same jockey agent. As used herein, "jockey agent" shall mean any person who contracts engagements for a rider or riders.
B. Any agent violating the provisions of this Section upon conviction thereof shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Added by Acts 1982, No. 831, §1.
§ 4:148.2 Corporations licensed as owners
Any corporation or a lessee or lessees of a corporation shall be considered qualified to obtain a license as an owner or to obtain the right to race under a stable name if each member of the board of directors of the corporation owns at least five percent of the outstanding voting stock of the corporation and if each of the members of the board is also licensed as an owner; provided that the corporation and the lessee or lessees of the corporation are otherwise qualified under this Title and under rules and regulations promulgated by the commission. No other owner or officer of, or other person with an interest in such corporation shall be required to be licensed as an owner in order to obtain a license as an owner or in order to obtain the right to race under a stable name; however, the name of such owner or other person with an interest in the corporation, together with his percentage ownership in such corporation or as an owner, shall be submitted to the commission before issuance of a license or right to race is granted by the commission to the corporation or its lessee under the provisions of this Section.
Acts 1987, No. 518, §1, eff. July 9, 1987.
§ 4:149 Wagering; rules and regulations
A. The commission may prescribe rules and regulations under which shall be conducted all horse races upon the results of which there is wagering. The commission shall, as may be necessary, prescribe additional special rules and regulations applicable separately to thoroughbreds and quarter horses. The commission shall make rules governing, permitting, and regulating the wagering on horse races under the form of mutuel wagering by patrons, known as pari-mutuel wagering, whether on live or historical horse races. Only those persons receiving a license from the commission may conduct this type of wagering, and shall restrict this form of wagering to any space within the race meeting grounds or an offtrack wagering facility, as determined solely by the commission. Except as provided in this Section or in R.S. 27:612, all other forms of wagering on the result of horse races are illegal.
B. Notwithstanding the space restriction provided in Subsection A of this Section, pari-mutuel wagering on the result of horse races may also be conducted in the sports book lounge of a host entity licensed for sports wagering by the Louisiana Gaming Control Board pursuant to Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950, if the requirements of this Chapter are met.
Acts 1968, No. 554, §1. Amended by Acts 1974, No. 626, §1; Acts 2021, No. 437, §1, eff. June 21, 2021; Acts 2022, No. 530, §1, eff. June 16, 2022; Acts 2022, No. 692, §1; Acts 2025, No. 291, §1, eff. June 11, 2025.
§ 4:149.1 Acceptance of certain wagers; unlawful
A. Except as otherwise provided in this Chapter, no person, as a business, shall, directly or indirectly, accept any thing of value to be wagered or to be transmitted or delivered for wager to any pari-mutuel wagering enterprise.
B. As used herein, "person" shall mean and include any individual, partnership, association, joint stock association or trust, corporation, or other business entity, whether incorporated or not.
C. Any person violating the provisions of this Section upon conviction thereof, shall be sentenced to pay a fine of not less than five thousand dollars nor more than ten thousand dollars or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both.
Added by Acts 1975, No. 360, §1; Acts 1985, No. 787, §1, eff. July 22, 1985; Acts 1990, No. 558, §1, eff. July 19, 1990.
§ 4:149.2 Other track wagering
A. The commission may make rules regulating pari-mutuel wagering known as other track wagering.
B.(1) With the consent of the commission, an association may accept wagers at its facility for the entire racing card scheduled on horse racing events of regional, national, and international interest conducted at another track outside of this state, and transmitted either by simulcast or other means of video transmission, pursuant to a contract with the association or other entity conducting the event.
(2) After payment of license fees and commissions to the secretary as required by this Part and payment of the contract amount to the association or other entity transmitting the event, the remaining proceeds shall be retained by the licensee, fifty percent of which shall be distributed by such track licensee as purses.
C.(1) With the consent of the commission, an association conducting horse racing events at a track in this state may, by contract, authorize an association elsewhere in this state at their racing facilities, or any entity outside of this state, at its facilities, including legal nonracing facilities outside of this state, to accept wagers on such events.
(2) After payment of license fees and commissions to the secretary, if required by this Part, the amount of fees collected from any entity outside of this state at its facilities, including legal nonracing facilities outside of this state, shall be retained by the licensee, fifty percent of which shall be distributed by such track licensee as purses.
D. All contracts pursuant to this Section shall comply with all applicable laws of the United States, including 15 U.S.C. §§3001, et seq., and shall be entered into only with entities operating racetracks permitted by applicable law to conduct horse racing and wagering thereon.
Added by Acts 1983, 1st Ex. Sess., No. 41, §1. Acts 1983, No. 1, §1, eff. May 5, 1983; Acts 1986, No. 307, §1; Acts 1989, No. 625, §1, eff. July 7, 1989.
§ 4:149.3 Interstate wagering; common pools
A. Subject to applicable federal laws, including but not limited to the Interstate Horseracing Act of 1978 (Chapter 57, commencing with Section 3001, of Title 15 of the United States Code) the commission may permit a licensee to participate in interstate common pools, including common pools which may include international jurisdictions. All provisions of law governing pari-mutuel betting apply to pari-mutuel betting in interstate common pools except as otherwise provided in this Section or in the commission's rules.
B. Participation in a common pool solely as a track conducting the race or as a receiving track will not cause such track to be deemed to be doing business in this state, or in the other state, for any purpose.
C. With the prior approval of the commission, a licensee who is permitted to accept wagers in this state on horse races conducted at tracks conducting races located outside of this state may combine pari-mutuel pools in this state with comparable pools at the track conducting the race.
D. Notwithstanding other provisions of this Chapter and subject to the approval of the commission, the types of wagering, takeout, distribution of winnings, and rules of racing in effect for pari-mutuel pools at the track conducting the race shall govern wagers placed in this state and merged into the interstate common pool. Breakage for interstate common pools shall be calculated in accordance with the law or rules governing the track conducting the race, and shall be distributed between participating jurisdictions in a manner agreed to between the licensee and the track conducting the race.
E. With the prior approval of the commission and with the concurrence of the track conducting the race, an interstate common pool may be formed among the licensee and other receiving persons or entities in any states other than the state in which the track conducting the race is located. For such an interstate common pool, the commission may approve the types of wagering, takeout, distribution of winnings, rules of racing, and calculation of breakage which are different than those which would otherwise be applied in this state but are consistent for all parties to the interstate common pool.
F. The licensee may deduct from wagers placed in any interstate common pool any fee to the person or entity conducting the race for the privilege of conducting pari-mutuel wagering on the race, and payment of costs incurred in transmitting the broadcast of the race and participation in the interstate common pool.
G. The provisions of law or contract, if any, governing the distribution of shares of the takeout, from wagers placed in this state in separate pari-mutuel pools on races run in another state, to this state as pari-mutuel taxes, or respectively to breeder awards and to purses in this state, shall remain in effect for wagers placed in interstate common pools; provided that if the commission has approved an adjustment in the takeout rate, the distribution of the takeout within this state shall be adjusted proportionately to reflect the adjustment in the takeout rate; provided further that with the concurrence of the licensee, the share designated for purses may be modified.
H. With the prior approval of the commission, a licensee may permit one or more of its races to be utilized for pari-mutuel wagering at one or more locations in other states, may transmit audio/visual signals of races the licensee conducts to one or more locations outside the state, and may also permit pari-mutuel pools in other states to be combined with its comparable wagering pools or with wagering pools established by other states. The commission may modify its rules and may adopt separate rules governing interstate common pools, and may establish by rule separate provisions for interstate common pools governing the calculation of breakage.
I. Pari-mutuel taxes shall not be imposed upon any amounts wagered in an interstate common pool other than upon amounts wagered within this state.
J. The provisions of law or contract, if any, governing the distribution of shares of the takeout, from wagers placed in other states in separate pari-mutuel pools on races run in this state, respectively to breeder awards and to purses in this state, shall remain in effect for wagers placed in interstate common pools. Provided that with the concurrence of the licensee and the Horsemen's Benevolent and Protective Association, and the appropriate breeder's organization, the share of breeder awards or purses may be modified.
Acts 1990, No. 558, §1, eff. July 19, 1990.
§ 4:149.4 Toll-free telephone assistance for compulsive gamblers; posting of signs on premises
The commission shall require the posting of one or more signs on licensed premises at each point of entry into areas where authorized gaming is conducted, authorized gaming devices are located, or authorized wagering on the results of any horse race is conducted to inform patrons of a toll-free telephone number available to provide information and referral services regarding compulsive or problem gambling. Failure by the owner of the licensed premises to post and maintain such a sign or signs shall be cause for the imposition of a fine not to exceed one thousand dollars per day.
Acts 1997, No. 1192, §1.
§ 4:149.5 Account wagering
A. As used in this Chapter, "account wagering" means a form of pari-mutuel wagering in which an individual may deposit money in an account with an authorized licensee and then use the account balance to pay for pari-mutuel wagers made in person, by telephone call, or by communication through other electronic means.
B.(1) Notwithstanding any other provisions of law to the contrary, the commission shall adopt rules regulating account wagering and shall authorize account wagering to be conducted by a licensee operating a pari-mutuel live horse racing facility.
(2) Notwithstanding any other provision of law to the contrary, a facility authorized to conduct account wagering shall pay to the licensed racing facilities in the state located within the same area as provided for in R.S. 4:214(A)(3) the highest source market percentage paid to the licensee by any other account wagering carrier located outside of the state.
(3) Any source market commission outside of the area provided for in R.S. 4:214(A)(3) shall be divided equally among active account operators residing in the state of Louisiana.
C. Subject to applicable federal laws, including but not limited to the Interstate Horseracing Act of 1978, 15 USCA 3001 et seq., and the Wire Communications Act, 18 USCA 1081 and 1084, the commission shall permit an authorized licensee to conduct account wagering on any live horse races conducted at his facility and races conducted at other facilities upon which the licensee of said facility is lawfully authorized to accept offtrack wagers.
D. The licensee may deduct commissions from wagers placed through account wagering and make any such commission payable to the person or entity conducting the race for the privilege of conducting pari-mutuel wagering on the race.
E.(1) Except as otherwise provided by law, all provisions of law and of the rules of the commission governing pari-mutuel wagers on horse races placed in person within the grounds on which a race meeting is licensed to be conducted and the distribution of the pools created by such wagers shall apply to account wagering.
(2) Each wager placed pursuant to regulations authorizing account wagering shall be treated as a wager placed within the enclosure at which the licensee is authorized to conduct a race meeting.
(3) The provisions of law or contract, if any, governing the distribution of shares of the takeout from wagers placed in this state in separate pari-mutuel pools on races run in another state, to this state as pari-mutuel taxes, or respectively to breeder awards and to purses in this state, shall remain in effect for wagers placed through account wagering, as if the wager had been placed at the licensee's facility. With the concurrence of the licensee, the Horsemen's Benevolent and Protective Association, and the appropriate breeders' organization, the share of breeder awards or purses may be modified as long as the modification does not impair the interest of any other person or entity entitled or authorized to participate directly in the distribution.
F. No system of account wagering located outside of this state shall accept wagers from residents or other persons located within this state, nor shall residents or other persons located within this state place wagers through account wagering systems located outside of this state, except with the permission of either one of the following:
(1) A licensee of race meetings, concerning wagers on races conducted in this state by that licensee.
(2) A licensee of race meetings authorized to conduct account wagering in this state, if the races are not conducted in this state.
Acts 2000, 1st Ex. Sess., No. 148, §1; Acts 2011, 1st Ex. Sess., No. 27, §1; Acts 2011, No. 356, §1.
§ 4:150 Licenses to owners, trainers, jockeys, and riders; qualifications of applicant for a license
A.(1) The commission may grant, refuse, suspend, or withdraw licenses to horse owners, jockeys, riders, agents, trainers, grooms, stable foremen, exercise boys, veterinarians, valets, platers, or anyone licensed pursuant to this Part and any rules and regulations the commission adopts and upon the payment of a license fee as fixed pursuant to this Part. No license under this Section shall be granted for more than three fiscal years, but a license issued pursuant to this Part is valid at all race meetings in this state during the period. Any license may be revoked by the commission and any person whose license has been revoked is ineligible to participate in racing unless the license is returned by the commission with permission to operate thereunder. No license shall be refused to any applicant who is qualified in accordance with the rules and regulations adopted by the commission, and no license shall be revoked without just cause.
(2) The granting of a license to a trainer shall make him responsible for and be the absolute insurer of the condition of the horses he enters regardless of acts of third parties.
B. Applicants for a license under this Section shall meet the following qualifications and conditions:
(1) Is a person of good character and reputation and meets the age requirements for the particular license as set forth in the Rules of Racing.
(2) Has not been convicted of a felony under the laws of the United States, the state of Louisiana, or any other state or country; provided, however, that the commission may, at its discretion, issue or renew a license, where the applicant or licensee has maintained a good record and evidenced honest character from the date of expiration of sentence, and for good cause shown.
(3) Has not, nor has his partner, agent, employee or associate knowingly associated or consorted with any person or persons who have been convicted of a felony in any jurisdiction or jurisdictions or is knowingly consorting or associating with bookmakers, touts, or persons of similar pursuits or has himself engaged in similar pursuits or has been found guilty of any fraud or misrepresentation in connection with racing, breeding, or otherwise or has violated any law, rule, or regulation, with respect to racing in this or any other jurisdiction or any rule, regulation, or order of the commission, or has been guilty or engaged in similar related or like practices, provided, however, that the commission may issue or renew a license or refuse to suspend or revoke a license issued, where the applicant or licensee has not engaged in such association or activities for a period of ten years or for good cause shown.
(4) Is financially responsible.
(5) Possesses the required experience and knowledge required for the particular license applied for as set forth in the Rules of Racing.
(6) REPEALED BY ACTS 1992, No. 281, §2, EFF. JUNE 11, 1992.
(7) Fully complies with the form requirements printed by the racing commission.
(8) Is physically fit.
(9) Has not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of the chapter. If the applicant has been so convicted, the granting of a license is within the discretion of the racing commission.
(10) Is not the spouse of a person whose application has been denied or whose license has been revoked, unless judicially separated or divorced.
(11) Certifies that he has read or has had read to him the rules of racing and agrees to abide by these rules, and further certifies under written oath that all of the information on the application for license is true and correct.
(12) Is not in bad standing in any racing jurisdiction.
C. An applicant for licensure as a jockey, apprentice jockey, exercise person, groom, or hot walker must be at least sixteen years of age.
D. Owners, trainers, and jockeys licensed pursuant to this Section shall be admitted without charge to all racing facilities and offtrack wagering facilities.
Acts 1968, No. 554, §1. Amended by Acts 1975, No. 666, §1; Acts 1987, No. 495, §1; Acts 1992, No. 281, §§1 and 2, eff. June 11, 1992; Acts 2022, No. 721, §1, eff. June 30, 2022.
§ 4:150.1 Temporary licenses to owners; application for regular license; penalty for noncompliance
A. Notwithstanding R.S. 4:150, the commission may grant a temporary license, valid for thirty days from the date of issuance, to an owner upon proper, appropriate application therefor, either by the owner or his authorized agent or trainer on behalf of the owner.
B. The application shall include, but not be limited to, the following
(1) Owner's name.
(2) Owner's address.
(3) Owner's federal identification number.
C. As provided in R.S. 4:150, an owner receiving a temporary license from the commission under this Section shall apply for a Louisiana owner's license, within thirty days of the issuance of his temporary license.
D. For the purposes of this Section, "owner" means the person, firm, or corporation shown on the foal certificate as the owner of one hundred percent interest in the horse the owner is seeking to race in this state.
E. The commission may suspend all racing privileges of an owner who fails to comply with Subsection C of this Section.
Acts 1989, No. 624, §1, eff. July 7, 1989; Acts 1990, No. 560, §1, eff. July 19, 1990.
§ 4:151 Criteria for racing privileges other than associations
In the exercise of its authority in considering racing privileges the commission should follow the following criteria, standards and guidelines by way of illustration without limitation:
(1) The public interest.
(2) Misuse of license, permit or privilege by the licensee.
(3) Misstatement or falsification of, or concerning, application for license.
(4) The moral and financial standing of licensee or its officers, partners, agents or officials.
(5) Failure to comply with statutory requirements or the rules, regulations and orders of the commission.
(6) Dereliction of duty and/or responsibilities.
(7) Business failure.
Acts 1968, No. 554, §1.
§ 4:152 Grounds for denial or termination of racing privileges for persons other than associations
A. The commission may refuse, suspend, or withdraw licenses, permits, and privileges granted by it or terminate racing privileges for just cause in accordance with the provisions of Subsections B and C of this Section. Those things constituting just cause are:
(1) Any action or attempted action by a permittee contrary to the provisions of this Part and law.
(2) Corrupt practice.
(3) Violation of the Rules of Racing.
(4) Willful falsification or misstatement of fact in an application for racing privileges.
(5) Material false statement, under oath, to a racing official, other than a commissioner, or to the commission.
(6) Willful disobedience of a commission order or of a lawful order of a racing official other than a commissioner.
(7) Continued failure or inability to meet financial obligations connected with his business, occupation, or profession performed or engaged in on the track grounds.
(8) The loss or inability to meet any of the qualifications and conditions set forth for a license in R.S. 4:150(B)(1), (2), (3), (4), (5), (6), (7), (8), (9), (11) and (12).
B. Notwithstanding the provisions of Subsection A of this Section, the commission shall suspend for a period of one year all licenses, permits, and privileges granted to any horseman, jockey, rider, groom, stable foreman, exercise boy, valet, plater, licensee, permittee, racing official, agent, apprentice, custodian, caterer, partnership, vendor, veterinarian, or other person who, within a period of one year, is suspended five times for a period of at least five days each time for commission of acts constituting just cause under Subsection A of this Section. However, in the case of riding offenses only, the commission shall have the discretion to suspend such licenses, permits, or privileges. Any person aggrieved by such order of suspension as provided for in this Subsection shall have the right to contest such order and have the entire matter reviewed in a court of competent jurisdiction as provided in R.S. 4:154 and in the Administrative Procedure Act, R.S. 49:950 et seq.
C.(1) Notwithstanding the provisions of Subsection A of this Section, the commission shall suspend all licenses, permits, and privileges granted to a permittee who has a final and definitive judgment rendered against him by a court of competent jurisdiction mandating payment of past due financial obligations to any individual or business for the boarding of horses.
(2) The clerk of any court rendering or affirming such judgment shall send a certified copy of the final and definitive judgment to the commission.
(3) The suspension period shall begin upon the date the certified copy of the final and definitive judgment is received by the commission and shall end on the date the permittee provides proof of full payment of the judgment to the commission.
Acts 1968, No. 554, §1. Amended by Acts 1981, No. 426, §1; Acts 1984, No. 432, §1; Acts 1989, No. 588, §1; Acts 2017, No. 252, §1.
§ 4:152.1 Mandatory termination of racing privileges
A. In addition to the procedures and sanctions provided in this Part, the commission or any interested person may petition a state court of competent jurisdiction for a judgment declaring that a certain person or persons have committed a corrupt practice as defined by R.S. 4:143. The court, after due proceedings in accordance with the constitution and laws of this state, shall render such judgment if the law and evidence presented before the court so warrants. The clerk of any state court rendering or affirming such judgment shall forthwith send a certified copy of such judgment to the commission. Upon the filing with the commission of a certified copy of a final and definitive court judgment declaring any person to have committed a corrupt practice as defined by R.S. 4:143, the commission shall promptly terminate all licenses, permits, and privileges granted to such person under this Part and shall bar such person from ever obtaining in the future any license, permit, or privilege under this Part.
B. The same provisions in Subsection A of this Section shall apply, respectively, to persons who have been duly declared by a court of competent jurisdiction of another state to have committed a corrupt practice as defined in R.S. 4:143.
Added by Acts 1981, No. 426, §1.
§ 4:153 Production of books, memoranda, or documents; removal of official or employee; manner of keeping books; witnesses; penalty
The commission may:
(1) Compel the production of all books, memoranda, or documents showing the receipts and disbursements of any person licensed to conduct race meetings under the provisions of this Part;
(2) At any time require the removal of any employee or official employed by any licensee in any case where it has reason to believe that the employee or official has been guilty of any dishonest practice in connection with horse racing, has failed to comply with any condition of the licensee's license, or has violated any rule adopted by the commission;
(3) Require that the books, financial statement, or other statement of any licensee under this Part be kept in a manner provided by the commission;
(4) Visit, investigate, and place auditors and inspectors in the offices, tracts, or places of business of any such licensee;
(5) Summon witnesses before its meetings, administer oaths to such witnesses, and require testimony on any issue before it.
Any person failing to appear before the commission, or failing to produce books, records, and documents ordered, or refusing to testify thereon, shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Acts 1968, No. 554, §1.
§ 4:154 Administrative procedure; appeal to the commission and review of commission rulings
A. Except as otherwise provided by this Section, the commission's hearings, practice and procedure, and rule making procedure are as provided in the Administrative Procedure Act; however, in cases made the subject of judicial review, the court may not extend or continue beyond ten (10) days from date of issuance any stay order or temporary restraining order issued by it, except:
(1) Upon agreement of counsel for all parties, or
(2) Absent such agreement, by order of the court, but only after a contradictory hearing held no later than the tenth (10th) day following the issuance of such stay order or temporary restraining order and then only upon a showing by a party that a denial of such extension or continuation would be prejudicial to that party's opportunity to cause the court to affirm, modify, or reverse the decision appealed from or to be reviewed.
B. A final appeal, in the case of any person penalized, or disciplined by the stewards, may be taken to the commission.
C. Such an appeal must be filed in writing at the office of the commission within five days of the date of said penalty or imposition of said discipline.
D. Such an appeal must be signed by the person making it and must set forth his reason therefor.
E. An appeal from the decision of the stewards to the commission shall not affect such decision until the appeal has been acted upon by the commission.
F. The commission must grant a hearing within ten days of the receipt of this appeal, and must render a decision within forty-eight hours following the conclusion of the appeal hearing. Any continuance of a hearing must be reasonable in duration and for just cause.
Acts 1968, No. 554, §1. Amended by Acts 1978, No. 64, §1, eff. June 15, 1978; Acts 1983, No. 582, §1.
§ 4:155 Commission authority, fines, suspensions, revocations, forfeitures and disciplinary actions
A. The commission may impose upon any licensee listed in R.S. 4:169 a fine not exceeding ten thousand dollars and may suspend a licensee indefinitely, or both. Any commission action taken herein shall be consistent with the provisions of this Part.
B. The commission may impose upon any licensed association as defined in R.S. 4:143(1) a fine not to exceed one hundred thousand dollars per occurrence and may suspend a license indefinitely, or both. Any commission action taken herein shall be consistent with the provisions of this Part.
Acts 1968, No. 554, §1. Amended by Acts 1978, No. 64, §1, eff. June 15, 1978; Acts 2014, No. 731, §1.
§ 4:156 Repealed by Acts 1978, No. 64, §3, eff. June 15, 1978.
Repealed by Acts 1978, No. 64, §3, eff. June 15, 1978.
§ 4:157 Race meetings; right to conduct; Sundays; minors
A. Subject to the provisions of this Part, any person or legal entity may conduct one or more race meetings at a track each year. No license shall be granted to any person or legal entity for a race meet or meetings in any one parish to extend longer than one hundred and five racing days in any one year, except in a parish having a population in excess of eighty thousand or in a parish in which a race meeting is held exclusively for quarter horse races.
B. After all monies presently or hereafter dedicated are paid, fifty percent of the balance of all tax revenues remaining shall be allocated and be paid over to the governing authority of the parish or municipality in which the racing meet or meetings are held and the remaining fifty percent of such balance of the tax revenues shall be allocated and paid over to the state treasurer for deposit in the general fund of the state. No race or racing shall be permitted on Sundays unless the governing authority of the parish or municipality shall have first approved the same by resolution or ordinance and shall have further received the approval of the commission, nor shall minors be employed in any manner about the race track, except as jockeys, apprentice jockeys, exercise persons, grooms, or hot walkers.
C.(1) Any minor age six or above may, with the permission of the racing association, be allowed to attend any race meeting if accompanied by a parent, grandparent, or legal guardian but in no case shall any minor in attendance be allowed to engage in wagering.
(2) The provisions of this Subsection shall supercede any authority that the Louisiana State Racing Commission may have had to adopt rules and regulations which are inconsistent with this Subsection.
Acts 1968, No. 554, §1. Amended by Acts 1972, No. 249, §1; Acts 1972, No. 731, §1; Acts 1974, No. 679, §1; Acts 1975, No. 272, §1, eff. July 16, 1975; Acts 1978, No. 64, §1, eff. June 15, 1978; Acts 1981, No. 726, §1, eff. July 23, 1981; Acts 1989, No. 577, §1, eff. July 6, 1989; Acts 1989, No. 601, §1, eff. Jan. 1, 1990; Acts 1990, No. 672, §1; Acts 1992, No. 281, §1, eff. June 11, 1992.
§ 4:157.1 Authorization to grant extra racing days; races of national importance
The commission shall grant extra racing days to an association requesting such days if the association is hosting a race or races deemed by the commission to be of national importance.
Acts 1989, No. 597, §1.
§ 4:158 License to operate a horse racing track; license to conduct race meetings
A. Any person or corporation may apply to the commission for a license to operate a track to conduct horse racing within the State of Louisiana. The commission may grant such a license for a period up to and including ten years. Nothing in this Subsection shall limit the authority of the commission granted by state law to fine or suspend an association or terminate racing privileges granted to an association.
B.(1) On or before the fifteenth of April of each year and on or before the fifteenth of August of each year any person or corporation possessing the qualifications prescribed in this Part may apply to the commission for a license or licenses to conduct race meetings.
(2)(a) On or before the first of May and the first of September of each year, after receipt of the applications the commission shall convene to consider licenses to conduct race meetings. The commission shall assign dates for all race meetings in the state at each track and license in accordance therewith and shall set the minimum number of live races required per race day.
(b) The commission may amend an application, or any included race dates, or assign different dates than those included in the application for any reason that it considers sufficient, making every effort to reduce conflicting or overlapping live race meeting dates for the tracks in this state.
(3) An application filed prior to any one of the two deadlines shall request dates for racing to commence not sooner than four months from said deadlines.
C.(1) Any licenses granted pursuant to this Section, when applicable, shall set forth the name of the licensee, the location of the race track, the duration of the race meeting, and the kind of racing to be conducted, and shall recite the receipt by the commission of the license fee provided for in this Part.
(2) Any license granted pursuant to this Section shall be nontransferable and shall only apply to the place, track, or enclosure specified in the license.
D.(1) Should the commission, after due proceedings had in conformity with this Part, suspend or revoke an association's license or licenses granted pursuant to this Section, the association may within ten days of the notification of the commission's decision take a suspensive appeal to the district court having jurisdiction over the association's track. Such appeals shall be filed in the district court in the same manner as original suits are instituted. The appeals shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.
(2) Within ten calendar days of the signing of the judgment by the district court in any such appeal case, the commission or the applicant for a license or licenses, or a licensee, as the case may be, may suspensively appeal the judgment to the appellate court of proper jurisdiction. These appeals shall be perfected in the manner provided for in civil cases and shall be suspensive or devolutive in the discretion of the court.
(3) All proceedings in the district and appellate courts arising under this Part are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, and in or out of term.
Acts 1968, No. 554, §1; Acts 2014, No. 731, §1; Acts 2021, No. 436, §1, eff. July 1, 2021.
§ 4:158.1 Written report
A. Beginning January 1, 2015, the commission shall require a licensed association to submit a written report that may include the following information:
(1) The plan of operation for each fiscal year which shall include but not be limited to customer service, marketing and promotions relative to horse racing, capital improvement, facility maintenance, and facility improvements. "Facility maintenance" and "facility improvements" shall include but not be limited to track surface, barns, grandstands, and paddocks.
(2) A summary of the implementation and status of the prior year's plan.
B. The commission shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Section, including, as appropriate, standard forms to be used for the annual report and plan of operation.
Acts 2014, No. 731, §1; Acts 2022, No. 525, §1, eff. June 16, 2022.
§ 4:158.2 Quarterly reporting of professional services information
A. Each association or licensee as defined in R.S. 4:143 shall submit to the commission, the Senate Committee on Judiciary B, and the House Committee on Commerce all of the following:
(1) A report naming each individual, corporation, firm, partnership, association, or other legal entity that furnishes professional services to the association or the licensee. The report shall indicate the name and address of the entity providing the professional services and if the entity providing a professional service is a registered Louisiana business, a female-owned business, or a minority-owned business.
(2) A report on the demographic information of the association's or licensee's workforce, including but not limited to race, sex, and Louisiana residency.
B. As used in this Section, "professional services" means those services rendered in this state and shall include but are not limited to:
(1) Legal services.
(2) Advertising or public relations services.
(3) Engineering services.
(4) Architectural, landscaping, or surveying services.
(5) Accounting, auditing, or actuarial services.
(6) Construction and skilled trade services.
C. The reports required by the provisions of this Section shall be submitted on a quarterly basis. Each report shall be forwarded to the commission and the legislative committees described in Subsection A of this Section by certified mail no later than twenty days after the end of each calendar quarter.
D. A report required by the provisions of this Section shall be a public record and governed by the provisions of R.S. 44:1 et seq.
E. A report required by the provisions of this Section shall not be required to contain the amount of compensation paid by the association or licensee to each individual, corporation, firm, partnership, association, or other legal entity in exchange for providing the professional services nor shall it be required to contain the amount of compensation paid to each of its employees.
F. The commission may suspend or withdraw licenses, permits, and privileges granted by it or terminate racing privileges for failure to timely submit the report required by the provisions of this Section.
G. The commission shall adopt rules to implement the provisions of this Section. All rules shall be adopted pursuant to the provisions of the Administrative Procedure Act.
H. The first reports required pursuant to this Section shall be submitted on or before October 20, 2022.
Acts 2022, No, 525, §1, eff. June 16, 2022; Acts 2026, No. 814, §4.
§ 4:159 Criteria for licensing associations
In the exercise of its authority in considering the granting or denying of an association's application for a license or permit to conduct racing the following criteria, standards and guides by way of illustrations without limitation should be considered by the commission.
(1) The public interest.
(2) The location of the track.
(3) The number of tracks running or making application.
(4) The adequacy of facilities of the track.
(5) The racing experience of the applicant.
(6) The moral and financial qualification of the applicant.
(7) The moral and financial qualifications of applicant's partners, officers and officials.
(8) The official attitude of local government involved.
(9) The nature of the local community affected.
(10) The expected effect upon the breeding and horse industry of this state.
(11) The expected effect upon the State's economy.
(12) The apparent or nonapparent hope of financial success.
(13) The official attitude of horsemen.
Acts 1968, No. 554, §1.
§ 4:160 Grounds for fines, suspension, denial, or termination of racing privileges to an association
A. The commission may fine, refuse, suspend, or withdraw licenses, permits and privileges granted by it or terminate racing privileges, for just cause. Those things constituting just cause are:
(1) Any actions by a licensed or permittee contrary to the provisions of this Part and the Rules of Racing.
(2) Corrupt practice.
(3) Violations of the Rules of Racing.
(4) Intentional falsification or intentional misstatement of a material fact in an application for racing privileges.
(5) Material false statement to a racing official, other than a commissioner, or the commission.
(6) Continued failure or inability to meet its financial obligations connected with fulfillment of the purposes for which its license was issued.
(7) Failure to meet criteria for licensing as provided in R.S. 4:159.
(8) Failure to maintain suitable racing surfaces as determined by the commission.
(9) Failure or inability to conduct racing in a manner that is in the best interest of racing as determined by the commission.
(10) Failure to provide responses to inquiries made by the commission regarding the status or progress of any matter related to racing.
B. The commission may suspend or withdraw licenses, permits, and privileges granted by it or terminate racing privileges for just cause for failure to spend necessary funds in order to maintain minimum facility maintenance and facility improvement criteria established by the commission.
C. Notwithstanding any other provision of law to the contrary, the provisions of this Section shall apply to any licensee or association, regardless of the date on which the license was issued to the licensee or association.
Acts 1968, No. 554, §1; Acts 2014, No. 731, §1; Acts 2022, No. 525, §1, eff. June 16, 2022.
§ 4:161 License fees for conducting race meetings
A. The license fees for any person, association, or corporation conducting a race meeting in a municipality or parish shall be as follows:
(1) On the total daily pool up to $201,000.00, three percent of that portion exceeding $60,000.00.
(2) On the total daily pools from $201,000.00 to $401,000.00, $4,230.00 plus four percent of that amount exceeding $201,000.00 up to $401,000.00.
(3) On the total daily pools of $401,000.00 and over, $12,230.00, plus five percent of any amount exceeding $401,000.00.
B. The licensee shall deposit fees on a daily basis in a designated state depository during each race meeting. Every application for a license to conduct a race meeting shall be accompanied by a certified check for five thousand dollars, payable to the commissioner of administration. The commissioner may apportion the expenses of the commission to the horse race meetings licensed by it on the basis of the collections received from each such meeting. When the race meeting for which the license is granted is terminated and the licensee has fully paid the percentage designated in this Part, the five thousand dollars deposited with the application shall be returned. In the event, however, the licensee fails or refuses to pay the percentage daily as outlined and required, the amount thereof shall be deducted from the sum deposited with the application for a license, and the balance, if any, shall be returned to the licensee. If for any reason beyond the control and through no fault of the licensee it becomes impossible for the licensee to conduct racing upon any date licensed by the commission, the commission, in its discretion and at the request of the licensee, may return the fees paid by the licensee for racing upon such days or specify any other days which may replace the days omitted.
C. The association may deduct from fees due under this Section the full amount of fees paid to parish governing authorities as provided by R.S. 4:163.1.
D. The association shall retain thirty percent of the fees due under Subsection A of this Section to be disbursed by it as purse supplements.
Acts 1968, No. 554, §1. Amended by Acts 1972, No. 250, §1; Acts 1974, No. 626, §1; Acts 1978, No. 143, §2, eff. June 29, 1978; Acts 1980, No. 323, §1; Acts 1982, No. 58, §1, eff. July 1, 1982; Acts 1990, No. 561, §1, eff. June 30, 1990; Acts 1990, No. 1090, §1, eff. July 1, 1990; Acts 1992, No. 391, §1, eff. June 18, 1992; Acts 1995, No. 460, §1, eff. June 17, 1995; Acts 2001, No. 8, §1, eff. July 1, 2001.
§ 4:161.1 License fees; exemption for quarter horse races
Notwithstanding any provision of law to the contrary, and in addition to any other exemption which the law may grant, there shall be allowed an exemption in the amount of $6,000 for each quarter horse race conducted at any track licensed under this chapter. This exemption shall be a deduction from the total daily pool on which the license fee is imposed, and the license fee shall be computed on the net daily pools which meet the limits set by R.S. 4:161 only after deducting this and other authorized exemptions therefrom. Proceeds derived as a result of this exemption shall be allocated as follows: fifty percent to the track licensee and fifty percent for the purses for the quarter horse races.
Added by Acts 1974, No. 652, §1.
§ 4:161.2 License fees for conducting race meetings when two or more conflicting licensed race meetings occur within the state
A. Notwithstanding the provisions of R.S. 4:161, when two or more licensed race meetings are held within the state and the racing dates granted to a licensee by the commission conflict in whole or in part, with racing days granted to another licensee by the commission, the license fees for any person, association, or corporation conducting a race meeting in a municipality or parish shall be as follows:
(1) On the total daily pools from $201,000.00, three percent of that portion exceeding $100,000.00.
(2) On the total daily pools from $201,000.00 to $401,000.00, $3,030.00, plus four percent of that amount exceeding $201,000.00 up to $401,000.00.
(3) On the total daily pools of $401,000.00 and over, $11,030.00, plus five percent of any amount exceeding $401,000.00.
B. The payment of fees shall be made by the licensee daily during each race meeting. Every application for a license to conduct a race meeting shall be accompanied by a certified check for five thousand dollars, payable to the commissioner of administration. The commissioner of administration may apportion the expenses of the commission to the horse race meetings licensed by it on the basis of the collections received from each such meeting. When the race meeting for which the license is granted is terminated and the licensee has fully paid the percentage designated in this Part, the five thousand dollars deposited with the application shall be returned. In the event, however, the licensee fails or refuses to pay the percentage daily as outlined and required, the amount thereof shall be deducted from the sum deposited with the application for a license, and the balance, if any, shall be returned to the licensee. If for any reason beyond the control and through no fault of the licensee it becomes impossible for the licensee to conduct racing upon any date licensed by the commission, the commission, in its discretion and at the request of the licensee, may return the fees paid by the licensee for racing upon such days or specify any other days which may replace the days omitted.
C. The association may deduct from fees due under this Section the full amount of fees paid to parish governing authorities as provided by R.S. 4:163.1.
D. The association shall retain thirty percent of the fees due under Subsection A of this Section to be disbursed by it as purse supplements.
Added by Acts 1978, No. 143, §3, eff. June 29, 1978. Amended by Acts 1980, No. 323, §2; Acts 1982, No. 58, §1, eff. July 1, 1982; Acts 1990, No. 1090, §1, eff. July 1, 1990; Acts 1992, No. 391, §1, eff. June 18, 1992; Acts 1995, No. 460, §1, eff. June 17, 1995; Acts 2001, No. 8, §1, eff. July 1, 2001.
§ 4:162 Payments based on attendance; reports
In addition to the license fees mentioned in R.S. 4:161, the licensee conducting the racing meetings shall pay to the collector twenty-five cents for each person attending the races other than licensed personnel, employees, officials, and working press. These payments shall be made at the conclusion of each calendar week during every race meeting and shall be accompanied by a report under oath showing the total contributions and admissions of the races covered by the report, and any other information that the commission may require. The funds collected pursuant to this Section shall be deposited in the state general fund.
Acts 1968, No. 554, §1; Acts 1988, No. 856, §1.
§ 4:163 Repealed by Acts 1990, No. 1090, §2, eff. July 1, 1990.
Repealed by Acts 1990, No. 1090, §2, eff. July 1, 1990.
§ 4:163.1 Parish license fees for conducting race meetings
A. In Orleans Parish, the parish governing authority is hereby authorized to impose a license fee on the total daily betting pools of not more than two and twenty-six hundredths percent on each person, association, or corporation conducting a race meeting within the parish.
B.(1) In Jefferson Parish, the parish governing authority is hereby authorized to impose a license fee on the total daily betting pools of not more than two and ninety-seven hundredths percent on each person, association, or corporation conducting a race meeting within the parish. Provided, however, that the license fees on daily betting pools authorized under the provisions of this Paragraph shall not exceed the total amount that would have been due the state of Louisiana, on any given day, under applicable provisions of this Chapter.
(2) The avails of the license fee collected pursuant to this Subsection shall be allocated by the parish governing body as follows:
(a) Parish of Jefferson 39.9 %
(b) City of Kenner 47.2 %
(c) City of Grand Isle 0.9 %
(d) City of Gretna 3.7%
(e) City of Harahan 3.7 %
(f) City of Jean Lafitte 0.9 %
(g) City of Westwego 3.7 %
C.(1) In Calcasieu Parish, the parish governing authority is hereby authorized to impose a license fee on the total daily betting pools of not more than twenty-one hundredths percent on each person, association, or corporation conducting a race meeting within the parish.
(2) The avails of the license fee collected pursuant to this Subsection shall be allocated by the parish governing body as follows:
(a) Parish of Calcasieu 64.5 %
(b) Town of Vinton 25.5 %
(c) Town of DeQuincy 10.0 %
D.(1) In Bossier Parish, the parish governing authority is hereby authorized to impose a license fee on the total daily betting pools of not more than one and seventy-four hundredths percent on each person, association, or corporation conducting a race meeting within the parish.
(2) The avails of the license fee collected pursuant to this Subsection shall be allocated by the parish governing body as follows:
(a) Parish of Bossier 40.1 %
(b) City of Bossier 49.4 %
(c) Bossier Parish School Board 9.2 %
(d) The Arc of Caddo - Bossier 1.3 %
E.(1) In Lafayette Parish, the parish governing authority is hereby authorized to impose a license fee on the total daily betting pools of not more than thirty-two hundredths percent on each person, association, or corporation conducting a race meeting within the parish.
(2) The avails of the license fee collected pursuant to this Subsection shall be allocated by the parish governing body as follows:
(a) Parish of Lafayette 33.3 %
(b) Town of Carencro 66.7 %
F.(1) Notwithstanding the above provisions, the effective date for imposing the local license fee shall be July first of any year; however, no local license fee may be imposed prior to July 1, 1991. The parish governing authority shall impose said fee by ordinance introduced no later than April first of the year in which the license fee is to take effect.
(2) Upon imposition of the local licensing fee, the parish governing authority which levies the fee and any other local entity receiving a share of the proceeds provided in this Section shall be ineligible to receive state general fund horse racetrack support.
Acts 1990, No. 1090, §1, eff. July 1, 1990; Acts 1991, No. 606, §1; Acts 2014, No. 811, §1, eff. June 23, 2014.
§ 4:164 Facility maintenance and improvement fund
A. Each association shall establish and maintain a facility maintenance and improvement fund for the sole purpose of complying with the commission's rules regarding minimum standards and required infrastructure investments. This fund shall be subject to audit by the commission and the legislative auditor.
B. For purposes of this Section, the following terms shall have the following meanings:
(1) "Gross profits" means the amount of taxable net slot machine proceeds less the amount of state taxes paid.
(2) "State tax" means the license tax on taxable net slot machine proceeds as provided in R.S. 27:393.
(3) "Taxable net slot machine proceeds" shall have the same meaning as that term is defined in R.S. 27:353.
C.(1) If an association is found not to be in compliance with the minimum standards and infrastructure investments by the date set by the commission for compliance, ten percent of gross profits shall be deposited into the fund, up to a maximum of three million dollars, until such time that all commission-required facility maintenance and improvements have been completed as determined by the commission. Such deposits shall be made at the same time as the state tax is paid.
(2) Once the initial facility maintenance and improvements are completed to the satisfaction of the commission, each association shall continue to maintain a minimum fund balance of three million dollars.
D.(1) For the purposes of the initial maintenance and improvements, the following deadlines shall apply:
(a) The commission shall promulgate rules establishing minimum standards of facilities and infrastructure investments no later than October 1, 2022.
(b) Each association shall submit a plan for compliance to the commission no later than December 1, 2022.
(c) The commission shall approve or specify deficiencies in each association's plan no later than February 1, 2023.
(d) Each association shall complete the required maintenance and improvements to its facilities no later than December 31, 2023.
(2) Any of the deadlines described in Paragraph (1) of this Subsection may be extended by a majority vote of the membership of the commission for extenuating circumstances including force majeure.
(3) Failure of an association to meet deadlines provided in Subparagraphs (1)(b) and (d) of this Subsection shall constitute grounds for just cause for commission action as provided by R.S. 4:152.
E.(1) If the commission determines that an association is in compliance with the commission's minimum standards and infrastructure investments, the commission may, by a two-thirds vote of the membership, authorize any of the following:
(a) Exempt an association from maintaining the minimum fund balance required in Subsection C of this Section.
(b) Exempt the association from making deposits as required by Subsection C of this Section.
(c) Allow the balance of an association's facility maintenance and improvement fund to be withdrawn or reduced.
(2) Maintaining compliance with the commission's minimum standards and required infrastructure investment is a continuing obligation of each association. By a majority vote, the commission may reconsider a determination of compliance at any time and revoke any exemption or allowance provided in Paragraph (1) of this Subsection for noncompliance.
Acts 2022, No. 525, §1, eff. June 16, 2022; Acts 2022, No. 530, §1, eff. June 16, 2022; Acts 2023, No. 103, §1, eff. July 1, 2023.
§ 4:165 Funds of the commission; purses and breeders' awards; withholds; promotion and research
A.(1) Out of the funds appropriated by the legislature for the expenses and operation of the Louisiana State Racing Commission, the commission shall allocate and use annually the sum of seven hundred thousand dollars or a sum equal to three-tenths of one percent of the total gross pari-mutuel handle wagered annually on all horse races at all tracks where pari-mutuel wagering is conducted at race meetings of racing associations and at offtrack wagering facilities authorized and licensed by the commission, whichever sum is greater, to make special awards to stallion owners whose Louisiana stallions have sired accredited Louisiana bred horses, finishing first, second, or third in a stake, handicap, or allowance race, exclusive of maiden races, for thoroughbred horses upon which pari-mutuel wagering is conducted at race meetings of racing associations and at offtrack wagering facilities authorized and licensed by the commission and to supplement purses and to make special breeder awards to the breeders of accredited Louisiana bred horses finishing first, second, or third in any race for accredited Louisiana bred thoroughbred horses upon which pari-mutuel wagering is conducted at race meetings of racing associations and at offtrack wagering facilities authorized and licensed by the commission. Special awards to stallion owners shall also be made to owners whose Louisiana stallions have sired accredited Louisiana bred horses finishing first, second, or third in out-of-state stakes races with purses of at least twenty-five thousand dollars, added.
(2) The breeder award herein authorized shall be paid and disbursed to the breeder who becomes entitled thereto pursuant to the provisions hereof, according to a schedule or formula and within a period which is or shall be established by the Executive Committee of the Louisiana Thoroughbred Breeders Association. Any purse supplement herein authorized and paid by the commission shall in no case exceed the amount provided as a purse by the racing association conducting the race meeting in this state or the races conducted in any other state as provided for in Paragraph (1) of this Subsection. Monies for the awards as provided in Paragraph (1) of this Subsection, shall be transferred by the commission to the Louisiana Thoroughbred Breeders Association for disbursement to the entitled breeders.
(3) The stallion award herein authorized shall be paid and disbursed to the stallion owner who becomes entitled thereto pursuant to the provisions hereof, according to a schedule or formula and within a period which is or shall be established by the Executive Committee of the Louisiana Thoroughbred Breeders Association, but not later than the thirtieth day of June of each year commencing June 30, 1979. In no event shall the total amount to be distributed and paid in any calendar year as stallion awards exceed an amount equal to twenty percent of the sum of seven hundred thousand dollars or twenty percent of a sum equal to three-tenths of one percent of the total gross pari-mutuel handle wagered annually on all horse races at all tracks where pari-mutuel wagering is conducted at race meetings of racing associations and at offtrack wagering facilities authorized and licensed by the commission, whichever sum is greater.
(4) As used in this Subsection, the following definitions are adopted:
(a) "Accredited Louisiana bred" means a thoroughbred foaled in the state of Louisiana and registered in the registry administered by the Louisiana Thoroughbred Breeders Association pursuant to such rules and regulations therefor established by said association and/or a thoroughbred conceived and foaled in the state of Louisiana and sired by a Louisiana stallion registered in the registry administered by the Louisiana Thoroughbred Breeders Association pursuant to such rules and regulations therefor established by said association.
(b) "Breeder" means the owner of the mare at the time the mare foals an accredited Louisiana bred.
(c) "Stallion owner" means the owner of a stallion standing in the state of Louisiana at the time he was bred to the dam of an accredited Louisiana bred.
(d) "Races" means races upon which pari-mutuel wagering is conducted at race meetings of racing associations having races for thoroughbred horses and at offtrack wagering facilities, authorized and licensed by the Louisiana State Racing Commission. It shall also include those out-of-state races as provided for in Paragraph (1) of this Subsection.
B.(1) Out of the funds appropriated by the legislature for the expenses and operation of the Louisiana State Racing Commission, the commission shall allocate and use annually the sum of eight hundred thousand dollars to make special stallion awards to the owners of stallions of accredited Louisiana bred offspring which finish first, second, or third, in a stake, handicap, or allowance race, exclusive of maiden races, for quarter horses run at any track licensed by the commission; and to supplement purses and to make special breeders' awards to the breeders of accredited Louisiana bred quarter horses which finish first, second, or third in a race or races for accredited Louisiana bred quarter horses conducted at a race meeting or meetings in Louisiana. However, the awards paid under the provisions of this Subsection shall be considered as an overhead expense of the commission and paid without regard to the track where quarter horses are running, the payment of this award not to be considered an expense solely of the track or tracks running quarter horses.
(2) The breeder award herein authorized shall be paid and disbursed to the breeder who becomes entitled thereto pursuant to the provisions hereof, according to the schedule or formula which is or shall be established by the Executive Committee of the Louisiana Quarter Horse Breeders Association, not later than the thirtieth day following the close of the race meeting at which the breeder award was earned. Any such purse supplement herein authorized and paid shall in no case exceed the amount provided as a purse by the licensee conducting the race meeting. Monies for the awards as provided in Paragraph (1) of this Subsection, shall be transferred by the commission to the Louisiana Quarter Horse Breeders Association for disbursement to the entitled breeders.
(3) The stallion award herein authorized shall be paid and disbursed to the owner of the stallion who becomes entitled thereto pursuant to the provisions hereof, according to the schedule or formula which is or shall be established by the Executive Committee of the Louisiana Quarter Horse Breeders Association, not later than the thirtieth day following June 30, 1979 and the thirtieth day of June of each year thereafter. However, in no event shall the total amount to be distributed and paid in any fiscal year as a stallion award exceed an amount equal to eighteen percent of eight hundred thousand dollars.
C. The licensee conducting the race meeting for which supplements for purses are provided under this Section or R.S. 4:167 shall withhold two percent of the total supplemental purse which is supplemented from funds made available under this Section or from breakage monies as provided in R.S. 4:167. The amounts so withheld from the supplemental purses provided for in Subsection (A) of this Section shall be paid to the Louisiana Thoroughbred Breeders Association and the amounts so withheld from the supplemental purses provided for in Subsection (B) of this Section shall be paid to the Louisiana Quarter Horse Breeders Association for use by these associations for operating and administrative expenses. However, in the case of the Louisiana Quarter Horse Breeders Association, the amounts so withheld shall be used solely for expenses of the administration and operation of programs benefiting and pertaining to racing quarter horses. The amounts deducted from the supplemental purses as provided for in R.S. 4:167 shall be paid to the association which represents the Louisiana horses for which said races were written, as the case may be.
D. Out of the funds appropriated by the legislature for the expenses and operation of the Louisiana State Racing Commission, the commission shall allocate and provide annually to the Department of Agriculture and Forestry the sum of sixty thousand dollars to be used to promote and advance the development of the horse racing industry in Louisiana through the publication and dissemination of information relating solely to the horse breeding and horse racing industries of Louisiana.
E. Out of the funds appropriated by the legislature for the expenses and operation of the Louisiana State Racing Commission, the commission shall allocate and use annually a sum of seventy-five thousand dollars to be used by the Executive Committee of the Louisiana Quarter Horse Breeders Association to develop, promote, and provide research relative to accredited Louisiana-bred cutting and show horses.
F. All meetings of any association making awards in accordance with the provisions of this Section which relate to the distribution of such awards paid from public funds or which relate to the election of officers of such association shall be subject to the requirements of R.S. 42:11 et seq. regarding open meetings.
Acts 1968, No. 554, §1. Amended by Act 1969, No. 36, §2; Acts 1972, No. 733, §1; Acts 1975, No. 272, §3, eff. July 16, 1975; Acts 1976, No. 340, §1, eff. July 31, 1976; Acts 1978, No. 144, §1, eff. June 29, 1978; Acts 1979, No. 238, §1, eff. Jan. 1, 1979; Acts 1981, No. 491, §1; Acts 1983, No. 514, §2, eff. July 8, 1983; Acts 1984, No. 766, §1, No. 767, §1; Acts 1986, 1st Ex. Sess., No. 37, §1; Acts 1987, No. 780, §1; Acts 1988, No. 989, §1; Acts 1989, No. 628, §1; Acts 1992, No. 984, §3; Acts 1999, No. 482, §1; Acts 2010, No. 443, §1, eff. July 1, 2010; Acts 2011, No. 49, §1.
§ 4:165.1 Louisiana bred preferred races
If, at any race meeting, the number of accredited Louisiana bred races falls below seventy-five percent of those scheduled, the purse committee of the Louisiana Thoroughbred Breeders Association may authorize the association conducting that meeting to offer Louisiana bred preferred races on a daily basis as substitute or extra races on the program of that association until the number of accredited Louisiana bred races reaches ninety percent of those carded. Conditions and purses of any such race shall be approved prior to offering such races by both the Louisiana Thoroughbred Breeders Association purse committee and the racing association offering such race. Purse supplements offered from Louisiana Thoroughbred Breeders Association funds for Louisiana bred races shall not be awarded to non-Louisiana bred horses earning purse monies in such races, but shall be retained by the association for reuse as purse supplements in other races scheduled for Louisiana bred horses. Breeder awards shall be awarded to Louisiana bred horses earning purse monies in such races in the same manner and under the same conditions as other accredited Louisiana bred races. For purposes of future races, a winner of an accredited Louisiana bred preferred race shall be considered the winner of an accredited Louisiana bred race of the same type.
Acts 1997, No. 500, §1.
§ 4:166 Commissions deductible from pari-mutuel pools
A. The amount of commissions to be deducted and retained from pari-mutuel pool or pools by any person, association, or corporation as licensee of a race meeting conducted in a municipality or parish is hereby fixed as follows:
(1) On daily pools of up to $60,000, seventeen percent of the total.
(2) On the daily pools of from $60,000 to $201,000, $10,200 plus fourteen percent of that amount exceeding $60,000.
(3) On total daily pools of from $201,000 up to $351,000, $29,940 plus thirteen percent of any amount exceeding $201,000.
(4) On total daily pools of from $351,000 up to $401,000, $49,440 plus thirteen percent of any amount exceeding $351,000.
(5) On total daily pools of $401,000 and over, $55,940 plus twelve percent of that amount exceeding $401,000.
The minimum license fee is one thousand dollars per day and shall in no way be affected by the foregoing.
In addition to the fixed percentage of commissions as above outlined, the licensee is entitled to retain the "breaks to a dime", being the odd cents of all the distributions to be made on all mutuel contributions exceeding a sum equal to the next lowest multiple of ten. These amounts deducted are in addition to the license fees (percentages of the amount of money handled) as provided in R.S. 4:161 and are to be retained by the licensee, subject to the provisions of this Part.
B. The amount by which the commissions deducted and retained by the licensee under the provisions of this Section as amended and reenacted in 1980 exceeds the amount of commissions deducted and retained by the licensee under the provisions of this Section prior to being amended and reenacted in 1980 shall be delivered to the track licensee conducting the race meeting at which the deduction was made and not less than fifty percent thereof shall be distributed by such track licensee as purses at the race meeting next following the delivery of said proceeds.
C to E. Repealed by Acts 1974, No. 679, §2.
Acts 1968, No. 554, §1. Amended by Acts 1971, No. 73, §1; Acts 1972, No. 233, §1; Acts 1972, No. 250, §2; Acts 1973, No. 178, §1; Acts 1978, No. 143, §4, eff. June 29, 1978; Acts 1980, No. 323, §3.
§ 4:166.1 Deduction on exotic wagering pools
A. In addition to any license fees imposed by R.S. 4:161, and in addition to any commissions to be deducted under R.S. 4:161, there shall be imposed additionally a one percent deduction to be taken from the total daily pools of all exotic wagering pools as hereinafter defined. Proceeds from funds so deducted shall be paid into the state treasury and, in accordance with Article VII, Section 9 of the Constitution of Louisiana, shall be credited to the Bond Security and Redemption Fund.
B. "Exotic wagering pools" for purposes of this Section shall include all pari-mutuel pools except the win, place, or show pools for each race conducted. Examples of exotic wagering pools shall include but not be limited to the daily double pool, exacta pool, quinella pool, and the super six.
Added by Acts 1974, No. 679, §1. Amended by Acts 1975, No. 483, §1; Acts 1976, No. 394, §1; Acts 1976, No. 571, §1; Acts 1977, No. 330, §1; Acts 1978, No. 66, §1; Acts 1980, No. 531, §1, eff. Aug. 1, 1980; Acts 1980, No. 532, §1; Acts 1981, No. 326, §1; Acts 1983, No. 85, §1; Acts 1992, No. 984, §3.
{{NOTE: SEE ACTS 1985, No. 552.}}
§ 4:166.2 Deduction on exotic wagering pools; allocation of proceeds
A. In addition to any license fees imposed by R.S. 4:161, and in addition to any commissions to be deducted under R.S. 4:161, and in addition to any deductions required by the provisions of R.S. 4:166.1, there shall be imposed additionally a two percent deduction to be taken from the total daily pools of all exotic wagering pools as hereinafter defined. Proceeds derived from the deduction provided by this Section shall be delivered to the track licensee conducting the race meeting at which the deduction was made and not less than fifty percent thereof shall be distributed by such track licensee as purses at the race meeting next following the delivery of said proceeds.
B. Exotic wagering pools for purposes of this Section shall include all pari-mutuel pools except the win, place, or show pools for each race conducted at each race meeting in this state. Examples of exotic wagering pools in common usage are daily double pools, exacta pools, and quinella pools.
Added by Acts 1977, No. 457, §1, eff. July 13, 1977.
§ 4:166.3 Commissions deductible from pari-mutuel pools when two or more conflicting licensed race meetings occur within the state
A. Notwithstanding Section 166 of this Part, when two or more licensed race meetings are held within the state and the racing dates granted to a licensee by the commission conflicts, in whole or in part, with racing days granted to another licensee by the commission, the amount of commissions to be deducted and retained from pari-mutuel pool or pools by any person, association, or corporation as licensee of a race meeting conducted in a municipality or parish is hereby fixed as follows:
(1) On daily pools of up to $100,000.00, seventeen percent of the total.
(2) On daily pools of from $100,000.00 to $201,000.00, $17,000.00 plus fourteen percent of that amount exceeding $100,000.00.
(3) On daily pools of from $201,000.00 to $401,000.00, $31,140.00 plus thirteen percent of that amount exceeding $201,000.00.
(4) On daily pools $401,000.00 and over, $57,140 plus twelve percent of that amount exceeding $401,000.00.
Provided that the minimum license fee is one thousand dollars per day, except for race meetings exclusively for quarter horses for which the minimum license fee shall be $500.00 per day, and shall in no way be affected by the foregoing.
In addition to the fixed percentage of commissions as above outlined, the licensee is entitled to retain the "breaks to a dime", being the odd cents of all the distributions to be made on all mutuel contributions exceeding a sum equal to the next lowest multiple of ten. These amounts deducted are in addition to the license fees (percentages of the amount of money handled) as provided in R.S. 4:161 and R.S. 4:161.2 and are to be retained by the licensee, subject to the provisions of this Part.
B. The amount by which the commissions deducted and retained by the licensee under the provisions of this Section as amended and reenacted in 1980 exceeds the amount of commissions deducted and retained by the licensee under the provisions of this Section prior to being amended and reenacted in 1980 shall be delivered to the track licensee conducting the race meeting at which the deduction was made and not less than fifty percent thereof shall be distributed by such track licensee as purses at the race meeting next following the delivery of said proceeds.
Added by Acts 1978, No. 143, §5, eff. June 29, 1978. Amended by Acts 1980, No. 323, §4
§ 4:166.4 Pick-six exotic wagering pool; allocation of proceeds
A. After the payment of any license fees, commissions, and deductions required by this Chapter, the money remaining in a pick-six exotic wagering pool shall be distributed in the following manner. On any racing day in a week except the last, the entire pool shall be paid out to persons who wagered on the pool and picked all six winners; if no one picked all six winning horses and the pool does not exceed fifty thousand dollars, then the entire pool shall be carried over to the next betting day of the same week. This process shall continue until the last betting day of the week. On the final betting day of each week, the entire sum then in the pick-six pool shall be paid out to the person or persons who picked the highest number of winning horses regardless of the total number of horses picked.
B. For the purposes of this Section a week shall be defined as the consecutive days during which any race track operates. The actual days included in a week may vary from track to track.
Added by Acts 1981, No. 908, §1. Amended by Acts 1982, No. 222, §1.
§ 4:166.5 Deduction on exotic wagering pools
A. In addition to any license fees imposed by R.S. 4:161, in addition to any commissions to be deducted under R.S. 4:161, in addition to any deductions required by the provisions of R.S. 4:166.1, and in addition to any deductions required by the provisions of R.S. 4:166.2, there shall be imposed additionally a one-half of one percent deduction to be taken from the total daily pools of all exotic wagering pools as hereinafter defined.
B. "Exotic wagering pools" for purposes of this Section shall include all pari-mutuel pools except the win, place, or show pools for each race conducted at each race meeting in this state. Examples of exotic wagering pools in common usage are daily double pools, exacta pools, and quinella pools.
Added by Acts 1982, No. 228, §1, eff. July 15, 1982; Acts 1985, No. 904, §1; Acts 1992, No. 984, §3.
{{NOTE: SEE ACTS 1985, No. 904, §2.}}
§ 4:166.6 Deduction on exotic wagering pools; special deduction on multiple choice exotic wagering pools; allocation of proceeds
A.(1) In addition to any license fees imposed by R.S. 4:161, in addition to any commissions to be deducted under R.S. 4:161,* in addition to any deductions required by the provisions of R.S. 4:166.1, 166.2, and 166.5, there shall be imposed additionally a four and one-half percent deduction to be taken from the total daily pools of all exotic wagering pools as hereinafter defined.
(2) From the proceeds derived from the deduction in Subsection (A)(1), an amount equal to four percent of the applicable pools shall be paid to the track licensee conducting the race meeting at which the deduction was made. Not less than fifty percent of the proceeds of such deduction shall be distributed by such track licensee as purses at the race meeting next following delivery of said proceeds.
(3) From the proceeds derived from the deduction in Subsection A(1), an amount equal to one-half percent of the applicable pools shall be paid to the state.
B. Exotic wagering pools for purposes of this Section shall include all pari-mutuel pools for each race conducted at each race meeting in this state which require selection of three or more horses. Examples of such exotic wagering pools and common usage are trifecta, twin trifecta, and super six. However, application of this Section shall not be limited to these wagers but shall be applicable to all pari-mutuel pools requiring selection of three or more horses.
Acts 1986, No. 199, §1, eff. July 1, 1986; Acts 1992, No. 984, §3. *As appears in enrolled bill.
{{NOTE: SEE ACTS 1986, No. 199, §2.}}
§ 4:166.7 Exotic wagering; allocation of proceeds during and for a race meeting; concurrence required
A. Notwithstanding any provision of this Chapter to the contrary, during and for any race meeting, the commission, with the concurrence of the association conducting the race meeting and the Horsemen's Benevolent and Protective Association, may provide that the takeout deducted from pick-three, pick-four, pick-five, pick-six, and pick (n) wagers is an amount of not less than twelve percent and not more than twenty-five percent. Absent such an agreement, the takeout shall remain at twenty-five percent.
B. For the purposes of this Part, "pick (n)" means a form of pari-mutuel wagering where "(n)" is a varying number of races exceeding three races. Bettors select the first horse in each of (n) consecutive races designated as the pick (n) by the permit holder. The sale of pick (n) tickets other than from pari-mutuel machines shall be deemed illegal and is prohibited.
Acts 2007, No. 129, §1, eff. June 25, 2007; Acts 2021, No. 437, §1, eff. June 21, 2021.
§ 4:167 Deduction from breakage; thoroughbred and quarter horse race meetings
A. Any licensee who is licensed in the state of Louisiana to conduct race meetings where pari-mutuel wagering is permitted shall deduct one-half of the breakage, which is understood to be the amount of money left after paying off the bettors, and shall deposit and retain such amounts in a special account to be used for the purpose of supplementing purses for races written only for Louisiana accredited thoroughbred horses. Amounts so deducted shall be used only at the track where such amount is deducted. The amounts to be supplemented shall be agreed upon by the purse committee of the Louisiana Thoroughbred Breeders Association, and said purse committee shall be vested with complete custody and control thereof. Any amount of money above the purse shall be considered supplemental money and shall be paid from the special account herein provided for directly to the secretary of the Louisiana Thoroughbred Breeders Association to be disbursed according to the instructions of the purse committee as provided for hereinabove. At the close of the regular licensed meet, any balance remaining in said special account shall be paid over to the Louisiana State University and Agricultural and Mechanical College to be used by it solely for the purpose of conducting research for the improvement of thoroughbred horses. There shall be at least two such races each racing day of said meet, where both supplemental funds and horses are available for the purpose of writing the two accredited Louisiana bred thoroughbred horse races by the racing secretary and purse committee of the Louisiana Thoroughbred Breeders Association to be agreed upon by the racing secretary. Exclusive of a stake race, a handicap, an overnight handicap, and/or an added money race, whether by subscription or otherwise (except where such a race is restricted to accredited Louisiana bred thoroughbred horses only), no licensee conducting a race meeting under the authority of this Title shall offer or pay a purse in a race, the running of which is restricted to accredited Louisiana bred thoroughbred horses, which is not on a parity with the purse offered or paid in a race not so restricted, where the class of the horse, the claiming price and conditions of the race are substantially the same; provided, in parishes where the population is in excess of 400,000, in no event shall the minimum purse be less than $1,500.00; in parishes where the population is less than 400,000, the minimum purse shall be no less than $1,000.00.
B. Where any licensee holding a racing meet permits racing of both thoroughbreds and quarter horses, he shall keep two separate special accounts, one for thoroughbred horses and one for quarter horses, and the same percentage of breakage shall be deducted from a race run by quarter horses as is required under the provisions of Subsection (A) hereof to be deducted from a race run by thoroughbred horses. The amounts so deducted shall be deposited in the special account for quarter horses and shall be used solely for the purpose of providing supplemental purses for accredited Louisiana bred quarter horses in the same manner and the same extent as is provided in Subsection (A) of this section with respect to thoroughbreds.
Acts 1968, No. 554, §1. Amended by Acts 1970, No. 668, §1; Acts 1972, No. 733, §1; Acts 1975, No. 272, §4, eff. July 16, 1975.
§ 4:168 License fees, commissions, and taxes of this Part in lieu of all other such taxes
The license fees, commissions, and taxes imposed in this Part are in lieu of all other such licenses, sales, excise and occupational taxes to the state or to any parish, city, town, or other political subdivision thereof.
Acts 1968, No. 554, §1.
§ 4:169 Licenses, registrations, and fees for participating in racing
A.(1) The following persons shall be required to take out a license from the commission, and the annual fee shall be as follows:
Recording and registration fees
Apprentice jockey $25.00
Assistant starter $25.00
Authorized agent $25.00
Colors $25.00
Duplicate $5.00
Exercise person $15.00
Groom $5.00
Hot walker $5.00
Jockey agent $35.00
Jockey $35.00
Outrider $25.00
Owner $25.00
Miscellaneous $5.00
Mutuel $5.00
Partnership $25.00
Plater $35.00
Pony person $25.00
Stable foreman $25.00
Stable name $50.00
Subagent $25.00
Trainer $25.00
Valet $25.00
Vendor $50.00
Veterinarian $100.00
(2) All licenses must be taken out forty-eight hours after arrival except out-of-state owners may be allowed not more than ten days. Licenses and registrations expire June thirtieth of each year and may be renewed by mailing full payment of the appropriate renewal license fee or renewal registration fee to the commission.
(3)(a) Effective July 1, 2013, owners, trainers, jockeys, jockey agents, exercise persons, and veterinarians may renew the annual license fee for up to a three-year period which shall expire June thirtieth of the third year. Colors may also be registered at the annual license amount for up to a three-year period to expire June thirtieth of the third year.
(b) Beginning July 1, 2022, the commission may renew the annual license fee for the partnership licenses outlined in Paragraph (1) of this Subsection for up to a three-year period which shall expire June thirtieth of the third year.
B. It shall be the responsibility of each owner, trainer, jockey, jockey agent, exercise person, and veterinarian licensed under this Section to notify the commission if they become ineligible for a license or registration.
C. All other persons not specifically provided for shall be required to take out an annual license. The amount of the license or occupational fee shall be twenty-five dollars.
D. No person shall be eligible for an owner's or trainer's license if, during the term of such license, he would act as plater or veterinarian with horses racing under the jurisdiction of the commission.
E. Each owner and/or trainer shall be held responsible for the licensing of each and every employee under his jurisdiction.
F. Licenses, registrations, and fees for participating in racing shall be nonrefundable.
G. The provisions of this Section shall not apply to duly sworn state or local law enforcement officers.
Acts 1968, No. 554, §1. Amended by Acts 1973, No. 190, §1; Acts 1985, No. 830, §1, eff. July 23, 1985; Acts 1987, No. 496, §1; Acts 1988, No. 822, §1; Acts 1992, No. 281, §1, eff. June 11, 1992; Acts 2013, No. 230, §1, eff. July 1, 2013; Acts 2014, No. 791, §2; Acts 2022, No. 721, §1, eff. June 30, 2022.
[NOTE: SEE ACTS 1985, No. 830, §2, EFF. JULY 23, 1985.]
[NOTE: SEE ACTS 1987, No. 496, §2.]
§ 4:170 State and parish fair associations excepted; voters of parish may prohibit racing
The provisions of R.S. 4:141 through R.S. 4:168, and R.S. 4:171 through R.S. 4:180 do not apply to the running of horse races conducted by any state fair association or parish fair association which holds not more than one meeting annually and which restricts that annual meeting to three days or less. Further, the qualified voters of any parish may prohibit or exclude horse racing, or refuse or suspend any license granted under this Part to conduct racing within that parish, by a popular vote of its electorate and as provided by the forms and regulations presently obtaining in local option elections.
Acts 1968, No. 554, §1.
§ 4:171 Holding race meet without license; illegal wagering; penalties
A. Except as otherwise provided in this Chapter:
(1) No person shall directly or indirectly hold any horse race meeting with pari-mutuel pools or pools making wagering on the results, without having first been licensed by the commission.
(2) No person shall wager upon the results of a horse race, except in the pari-mutuel or mutuel method of wagering when conducted by a licensee upon its grounds or enclosure.
B. Whoever violates this Section, or any Section of this Chapter for which a penalty is not herein expressly provided, shall be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned for not less than ten days nor more than six months, or both.
Acts 1968, No. 554, §1; Acts 1990, No. 557, §1, eff. July 19, 1990.
§ 4:171.1 Transmission of racing information for illegal gambling purposes
A. It shall be unlawful for any person to transmit or communicate to another or receive or secure by any means whatsoever the results, changing odds, track conditions, jockey changes, or any other information relating to any horse race from any racetrack in this state, to any person, firm, or corporation located outside the confines of said racetrack, or to relay the same to any other person, firm, or corporation by word of mouth, by signal, or by use of telephone, telegraph, radio, or any other means, when the information is knowingly used or intended to be used for illegal gambling purposes, or in furtherance of such gambling.
B. This Section shall be deemed an exercise of the police power of the state for the protection of the public welfare, health, peace, safety, and morals of the people of the state and all of the provisions herein shall be liberally construed for the accomplishment of this purpose.
C. Any person violating the provisions of this Section upon conviction thereof, shall be sentenced to pay a fine of not more than five thousand dollars, or be imprisoned with or without hard labor for not more than five years, or both, at the discretion of the court.
D. Nothing contained in this Section shall be construed as amending or repealing the provisions of any other law or affecting any rule of the Louisiana Public Service Commission relating to the regulation of public utilities in the furnishing to others of any communication, wire service, or other similar service or equipment; it is intended that this Section shall be supplemental to other laws and a further aid in the elimination of transmission of information for illegal gambling purposes.
Added by Acts 1970, No. 675, §1; Acts 1990, No. 883, §1, eff. July 25, 1990.
§ 4:171.2 Repealed by Acts 1990, No. 883, §2, eff. July 25, 1990.
Repealed by Acts 1990, No. 883, §2, eff. July 25, 1990.
§ 4:171.3 Repealed by Acts 1990, No. 883, §2, eff. July 25, 1990.
Repealed by Acts 1990, No. 883, §2, eff. July 25, 1990.
§ 4:172 Stewards; authority, powers, and duties; fines and suspensions
A. In the matters pertaining to racing, the orders of the stewards supersede the orders of the officers and directors of the association and the stewards shall have supervision of the daily conduct of racing. The stewards have full authority to investigate, inspect, search and inquire into all matters under their supervision.
B. Should any case occur which may not be covered herein or by the Rules of Racing, it shall be determined by the commission and implemented by the stewards but only insofar as such determination is consistent with justice, the best interest of racing, and the powers and authority herein granted; and when no penalty is provided, the stewards of the meeting are hereby given authority to exercise their full power as set forth in Subsection M hereof.
C. The stewards have general supervision over all personnel directly connected with racing and shall have access to all stands, weighing rooms, enclosures, etc., used for the purpose of racing and have the authority to determine all questions concerning entries and racing.
D. The stewards shall order ejected from the grounds of the association any improper or objectionable persons.
E. The stewards may demand proof that a horse is not in any way disqualified. In default of proof the horse may be barred.
F. The stewards may examine or have examined any horse registered for racing.
G. Three stewards must be on duty during race time. One steward must be on duty each morning from scratch time until the entries are closed.
H. During each racing day the stewards of the meeting shall assemble at the office building on the grounds of the association where the race meeting is being held, not later than two hours before post time of the first race, to exercise the authority and perform the duties imposed on them by the rules of racing.
I. If one or more stewards are absent the ones present shall appoint a deputy or deputies to act temporarily for those absent. Should all three be absent the racing secretary shall appoint three deputies.
J. The stewards may substitute a jockey of their choice on any horse.
K. The stewards are vested with the power to determine the extent of disqualification in case of fouls.
L. Action by the stewards in performing their duties shall be reported to the Louisiana State Racing Commission. Where one steward disagrees with the majority that fact shall be noted in the report and the dissenting steward shall have the right to file with the commission a written report setting forth the reason or reasons for the disagreement. The stewards shall keep a minute book, recording therein all complaints made to them and the disposition thereof and all investigations by the stewards and their findings thereon and all rulings made by the stewards.
M. The stewards may suspend for no greater period than the duration of the meeting plus ten days or for a period not to exceed six months, whichever is greater, or they may impose a fine not to exceed one thousand dollars. All such suspensions and fines must be reported to the commission. If the greater period of suspension and the fine herein authorized is not in the opinion of the stewards sufficient, they shall refer the matter to the commission for its determination de novo.
N. A fine may not be rescinded by the stewards except with the approval of the commission.
O. Fines and suspensions shall be reported promptly to the racing secretary in writing. Fines shall be paid within forty-eight hours.
P. Fines collected by the racing secretary shall be paid to the commission.
Q. In addition to the above, the stewards shall have those authorities, powers and duties as are prescribed and conferred by the commission not inconsistent with this Part, including by way of illustration those provided by the rules of racing.
Acts 1968, No. 554, §1; Acts 1990, No. 565, §1, eff. July 19, 1990.
§ 4:173 Commissioners and stewards not liable in damages
Both commissioners and stewards in the exercise of their duties and use of their discretion shall not be held liable for damages to an aggrieved person, even in the event of a mistake, as long as they acted in good faith, without malice or improper motive.
Acts 1968, No. 554, §1.
§ 4:173.1 Owners not liable for third party damages; right of action
A. No person, partnership, corporation, or other entity engaged in the breeding, training, or racing of thoroughbred or quarter horses in Louisiana shall be held liable for damages to a third party caused by a horse they own while such horse is in the care, custody, or control of a person other than the owner, unless such damages were caused by the gross negligence of the owner of the horse.
B. The sole right of action for an employee of a person, other than the owner of the horse, who had care, custody, or control of such horse at the time damages were incurred shall be pursuant to the Louisiana Worker's Compensation Law.
C. The right of action for all other third parties is restricted to the person, other than the owner of the horse, who had care, custody, or control of the horse at the time damages were incurred.
Acts 1990, No. 711, §1.
§ 4:174 Residence of employees of operator of racing meeting
Eighty per cent of all employees of any person conducting a racing meeting under the provisions of this Part and operating under permits and supervision of the commission, excluding jockeys and judges, shall be citizens of Louisiana of five years residence and domicile.
Acts 1968, No. 554, §1.
§ 4:174.1 Races restricted to out-of-state thoroughbreds; limitations
No racing association in this state shall allow more than two races at any one race meeting in which said races are restricted to thoroughbreds bred in any one or more states, other than Louisiana, or to thoroughbreds owned by persons residing in any one state, other than Louisiana, except that additional such races may be carded and run when specifically approved by the Louisiana State Racing Commission.
Added by Acts 1974, No. 491, §1.
§ 4:175 Unnatural stimulation of horses; willful pulling of reins
A. The possession and use of scheduled drugs shall be governed by the following provisions:
(1) Except as otherwise provided herein, no person shall administer or apply or cause to be administered or applied to any horse which has been entered in any race, or have in his possession within the confines of a racetrack or racetrack stables, sheds, or buildings on racetrack grounds where horses are kept which are eligible to race over a racetrack of any racing association or licensee, any drug, chemical, or other substance which is listed on Schedules I, II, III, IV, or V of the schedules of controlled dangerous substances established by the Drug Enforcement Agency of the United States or Title 40 of the Louisiana Revised Statutes of 1950.
(2) The provisions of this Subsection shall not prohibit the possession or use of scheduled drugs by veterinarians licensed by the racing commission and engaged in the lawful treatment of horses. If a horse is entered in a race and is subsequently treated with a scheduled drug, the veterinarian shall report the treatment to the Louisiana State Racing Commission steward for the track at which the horse is entered in a race. The steward shall order the owner of the horse to withdraw the horse from the race.
B. The administration of any drug which is not included in the schedules of controlled dangerous substances shall be governed by the rules and regulations adopted by the Louisiana State Racing Commission unless it is a drug that could unnaturally stimulate, excite, or depress a horse and would influence the outcome of a race.
C. The Department of Public Safety and Corrections shall supply a list of all scheduled controlled dangerous substances to the Louisiana State Racing Commission and to each licensed racing association in the state. The department shall also supply a list of changes in the schedules to the same entities.
D. No person shall administer or apply or cause to be administered or applied to any horse which has been entered in any race, or have in his possession within the confines of a racetrack or racetrack stables, sheds, or buildings on racetrack grounds where horses are kept which are eligible to race over a racetrack of any racing association or licensee, any electric battery or other apparatus, which might have the effect of unnaturally depressing, stimulating, or exciting any horse during any race.
E. No jockey mounted on any horse during a race shall willfully pull the reins, or do anything whatsoever that has the effect of diminishing the chance of the horse winning any race whether such action on the part of the jockey is of his own accord, by instructions from the owner of the horse, or as a result of a conspiracy with any other person.
F. The commission shall investigate any violation of this Section and shall make written report of it to the district attorney, and shall send a copy of the report to the attorney general.
G. Whoever violates or attempts to violate this Section shall be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned with or without hard labor for not less than one nor more than five years, or both.
Acts 1987, No. 780, §1.
§ 4:176 Limitation of time for presenting pari-mutuel tickets and disposition of unclaimed monies
A. All pari-mutuel tickets evidencing the right to participate in pari-mutuel pools or the right to a refund must be presented for payment within ninety days after the close of the race meeting conducted by the licensee. The failure to present such a ticket within the prescribed time shall constitute a waiver of the right to participate in the pari-mutuel pool or the right to a refund. Thereafter, the holder of such ticket shall have no right to enforce payment thereof.
B. The sum held by any licensee for payment of outstanding winning pari-mutuel tickets and for refunding the price of pari-mutuel tickets shall be retained by such licensee for such purpose until the expiration of ninety days after the close of the race meeting conducted by the licensee. One hundred days after the close of any race meeting, the licensee shall each day accumulate the amount equal to the sum of the unclaimed monies that expire that day. On or before the fifteenth day of the first month following the end of a calendar-year quarter, the licensee shall remit less the amount of state tax paid by the licensee on such unclaimed monies, to the state treasurer for deposit into the Crime Victims' Compensation Fund as provided for in R.S. 46:1816(B)(8) an amount equal to the accumulated total for the previous calendar-year quarter. Such funds shall be used exclusively to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in R.S. 15:622.
C. The Louisiana Racing Commission shall promulgate rules and regulations as necessary and in accordance with the Administrative Procedure Act for the administration and enforcement of this Section.
Acts 1968, No. 554, §1; Acts 1983, No. 593, §1; Acts 1990, No. 556, §1; Acts 1992, No. 391, §1, eff. June 18, 1992; Acts 2015, No. 186, §1; Acts 2026, No. 684, §1.
§ 4:177 Breeder awards
Each licensee authorized to conduct race meets shall pay the equivalent of ten percent of the total purse of each race earned by accredited Louisiana bred horses. The sum shall be paid by the licensee within thirty days after the close of the race meeting to the respective breeders of the first, second, and third place winners of such races as a breeder's award. The provisions of this Section shall not apply to races written exclusively for accredited Louisiana bred horses which shall be paid a breeder's award by the Louisiana State Racing Commission out of funds provided for this purpose pursuant to the provisions of R.S. 4:165(A).
Acts 1968, No. 554, §1. Amended by Acts 1972, No. 733, §1; Acts 1975, No. 272, §5, eff. July 16, 1975; Acts 2024, No. 598, §1.
§ 4:178 Breeders Association as official registrar
The Louisiana Thoroughbred Breeders Association is hereby recognized as the sole official registrar for purposes of registering of accredited thoroughbred horses foaled in Louisiana. When a horse is registered with the Louisiana Thoroughbred Breeders Association, the association shall be authorized to stamp the Jockey Club certificate with the seal of the association, certifying that this foal is an accredited Louisiana bred foal. The association may charge a reasonable registration fee for its services, and, in order to carry out the functions of registering accredited thoroughbred horses, it may appoint a committee or employ a secretary.
Acts 1968, No. 554, §1.
§ 4:179 Quarter Horse Breeders Association as official registrar
The Louisiana Quarter Horse Breeders Association is hereby recognized as the sole official registrar for purposes of registering of accredited quarter horses foaled in Louisiana. When a horse is registered with the Louisiana Quarter Horse Breeders Association, the association shall be authorized to stamp the American Quarter Horse Association certificate with the seal of the association, certifying that this foal is an accredited Louisiana bred foal. The association may charge a reasonable registration fee for its services and, in order to carry out the functions of registering accredited quarter horses, it may appoint a committee or employ a secretary.
Acts 1968, No. 554, §1.
§ 4:179.1 Authorized representative of persons licensed to race horses at race meetings conducted in the state
The Horsemen's Benevolent and Protective Association is hereby designated and recognized as an authorized representative that shall represent member and other horsemen racing at licensed race meetings held in the state of Louisiana for the purpose of but not limited to negotiating contracts for such horsemen with all racing associations licensed by the state of Louisiana, relative to purses, hospitalization, medical benefits, conditions, and all other matters of interest and concern to such horsemen.
Added by Acts 1977, No. 435, §1, eff. July 11, 1977. Amended by Acts 1982, No. 228, §2, eff. July 15, 1982; Acts 1984, No. 197, §1, eff. June 28, 1984.
§ 4:179.2 Horsemen's organization; incorporation
Any horsemen's organization or organization representing horsemen shall be either a corporation or a trust, or both, organized under the laws of this state, in order to receive a distribution, allocation, or deduction of any funds under the provisions of Part I and Part I-A of this Chapter. Any funds received by such organization from any such distribution, allocation, or deduction shall be used only for the benefit of horsemen racing in the state of Louisiana.
Acts 1988, No. 797, §1; Acts 2001, No. 566, §1.
§ 4:180 Commission authority, contract for services
The commission shall have authority to contract for and employ in accordance with law those services which it deems necessary and proper for the carrying out of its duties and responsibilities as provided by this Part. Included herein by way of illustration without limitation are services provided for by businesses engaged in chemical testing, security, and investigation.
Acts 1968, No. 554, §1.
§ 4:181 Parish-wide election on horse racing meet
A. Notwithstanding any provision of law to the contrary, no horse racing meet in a parish in which no racing meet is being conducted on the effective date of this section, or in which no racing meet under a license from the Louisiana State Racing Commission has been conducted prior to such effective date, shall be allowed where pari-mutuel betting is authorized by law unless the operation and conduct of the racing meet first has been approved at an election held in accordance with the provisions of this section; however, said election shall not be required prior to conducting quarter horse racing in St. Landry, Iberville, West Baton Rouge, Pointe Coupee and St. Martin Parishes.
B. Any person desiring to operate and conduct a horse racing meet in a parish in which no racing meet is being conducted on the effective date of this section, or in which no racing meet under a license issued by the State Racing Commission has been conducted prior to such effective date, shall make application to the governing authority of the parish in which the proposed horse racing meet is to be conducted. The application shall state the location of the proposed horse racing meet and describe the facilities proposed to be constructed for the holding of the racing meet and shall have attached the license, or a certified copy thereof, for the meeting issued to the applicant by the State Racing Commission.
C. Upon receipt of the application the governing authority of the parish in which the racing meet is proposed to be held shall call and conduct a referendum election within the parish for the purpose of submitting to the qualified electors of the parish the proposition whether or not the proposed racing meeting shall be allowed.
D. The referendum election shall be held on a date fixed by the parish governing authority within a period of thirty days of receipt of the application. Notice of the election shall be published at least twice at five day intervals in the official journal of the parish or if the official journal is not published daily, then publication shall be in a daily newspaper of general circulation in the parish. The publication shall be completed at least five days prior to the date on which the election is to be held. The parish governing authority also shall have five spot announcements at least two days apart of the election broadcast on radio or television channels readily receivable in the parish and shall make notice of the election available to the news media. All qualified electors of the parish shall be entitled to vote in the election.
E. The proposition to be printed on the election ballot shall be: "Shall the business of horse racing be conducted within the parish of __________" and the voters shall vote for or against the proposition, a vote for the proposition being a "Yes" vote and a vote against the proposition being a "No" vote. The election shall be by secret ballot and conducted as nearly as possible in accordance with the general election laws of the state. Voting machines may be used and if used, the proposition to be submitted shall be shown on the machine ballot. Any elector who was qualified to vote in the election may demand a recount of the ballots or contest the election in the manner and within the time provided by law for recount or contest of elections under the general election laws of the state. The parish board of election supervisors shall supervise the election. It shall appoint three commissioners and one clerk, who shall be qualified electors and residents of the precinct, to preside over the election at each polling precinct. To reduce expenses of holding the election, the governing authority of the parish may combine regular voting precincts provided notice of any such combination is included in the notice of the election. The governing authority of the parish shall promulgate the results of the election. For the proposition to carry, it must receive a majority vote in favor thereof of the votes cast in the election.
F. The parish governing authority shall notify the applicant and the State Racing Commission promptly of the results of the election. If the racing meet has been approved, the applicant may proceed with the racing meet in accordance with the license and rules and regulations of the State Racing Commission. If the proposed racing meet has not been approved at the election, the commission shall revoke the license theretofore issued to the applicant and shall not accept or consider an application for a license for a racing meet in the same parish until the expiration of at least two years from the date of the election at which the racing meet in the parish was disapproved.
G. Any person who conducts or attempts to conduct a racing meet in a parish in which approval of the racing meet at an election is required by this section without such election approval shall be guilty of a misdemeanor and upon conviction shall be imprisoned in the parish jail for not more than six months and, in addition, shall be fined not more than one thousand dollars.
In addition to the penalty provided in this subsection, the district court of the parish of location of the proposed racing meet, upon application of the governing authority of the parish and upon a showing that this section is applicable and that a racing meet is being conducted or is attempted to be conducted in violation of this section is empowered to and shall grant injunctive relief.
Added by Acts 1972, No. 43, §1. Amended by Acts 1974, No. 626, §2.
§ 4:182 Racing of Appaloosa horses
All race tracks in Louisiana shall be allowed to schedule races of Appaloosa horses.
Added by Acts 1974, No. 361, §1.
§ 4:182.1 Racing of quarter horses and thoroughbred horses
All racing associations in this state shall be allowed to schedule races in which quarter horses and thoroughbred horses can participate in the same race. The length of the races provided by this Section shall be around one turn in the track. All races scheduled under the provisions of this Section shall be conducted as races for quarter horses and allowed at both quarter horse and thoroughbred race meetings. Further, all races scheduled under the provisions of this Section shall be conducted even though at the time of the race no quarter horse or thoroughbred, as the case may be, has been entered for that race.
Acts 1983, No. 182, §1. Acts 1986, No. 993, §1.
§ 4:182.2 Arabian horses
A. All race tracks in Louisiana shall be allowed to schedule races of Arabian horses in accordance with the rules and regulations adopted by the Louisiana State Racing Commission.
B. The Arabian Horse Association of Louisiana is hereby recognized as the representative breeder's association for Arabian horses.
C. The rules and regulations adopted by the racing commission under the provisions of this Section shall provide that the winners of the races authorized by this Section shall not participate in the purse supplements, stallion awards, and breeder's awards for other breeds of horses.
Acts 1987, No. 242, §1.
§ 4:183 Contracts between licensees and permittees licensed to race horses at race meetings conducted in the state
A. The monies to be distributed as purses to permittees licensed to race horses in Louisiana and the monies to be distributed to the Horsemen's Benevolent and Protective Association for the use and benefit of such permittees, their employees, and others, for hospital and medical benefits and for the administrative expenses in providing these benefits shall be and include:
(1) An amount to be not less than fifty percent of a licensee's commission of the gross pari-mutuel handle retained by it from each race at a licensed race meeting in this state as provided by this Chapter, after all fees required by law have been deducted, plus
(2) The total amount earned by a licensee for purse supplements under R.S. 4:217 since the completion of its previous meeting as of the first day of the race meeting covered by this Subsection, plus
(3) The total amount earned by a licensee for purse supplements under R.S. 4:217 during the race meeting covered by this Subsection.
(4) The total of Paragraphs (1), (2), and (3) shall be allocated by the licensee in not less than the following percentages thereof:
(a) Ninety-six percent thereof to such permittees as purses.
(b) Four percent thereof to the Horsemen's Benevolent and Protective Association for the use and benefit of such permittees, their employees, and others as medical and hospital benefits with an amount not to exceed thirty percent aforesaid of the commissions and amounts received by the Horsemen's Benevolent and Protective Association to be used for administrative expenses and other costs necessary to provide the benefits.
(c) The total of the revenues received by the Horsemen's Benevolent and Protective Association under the provisions of Subparagraph (b) hereof, together with all expenditures made therefrom, shall be published and reported quarterly by it to horsemen actively racing in the state.
B.(1) Monies due as purses to persons licensed to race horses at race meetings conducted in the state as a result of conditions outlined in Subsection A of this Section and the monies due to the Horsemen's Benevolent and Protective Association pursuant to the provisions of Subparagraph (A)(4)(b) of this Section shall be allocated and distributed during the race meeting at which earned, including any donations by the association for horse aftercare as defined in R.S. 3:2438.1.
(2) In the event the amount distributed as purses is more than the amount required by Subsection A of this Section, the overpayment shall be carried forward to the next race meeting conducted by the same association. It shall be carried on the association books as an asset unless and until the overpayment is remitted to the Horsemen's Benevolent and Protective Association pursuant to R.S. 4:183.2. If remitted to the Horsemen's Benevolent and Protective Association, the overpayment shall be carried on the Horsemen's Benevolent and Protective Association books as an asset.
(3) In the event the amount distributed as purses to persons licensed to race horses at thoroughbred race meetings conducted in the state is less than the amount required by this Section, and more than an amount equal to two times the average daily purse distribution at the thoroughbred race meeting at which generated, it shall be delivered to the Horsemen's Benevolent and Protective Association for further distribution to persons having earned monies during the meeting, in the direct proportion that the underpayment is to the monies earned by that person at that meeting. In the event the underpayment is less than an amount equal to two times the average daily purse distribution at that meeting, it shall be retained by the association or the Horsemen's Benevolent and Protective Association in an interest-bearing account to be used for purses at the next thoroughbred meeting conducted by that association. Interest earned on the account shall be added to the purse paid over and above the amount required to be paid as purses by this Section.
(4) In the event the amount distributed as purses to persons licensed to race horses at quarter horse race meetings conducted in the state is less than the amount required by this Section and more than an amount equal to two times the average daily purse distribution at the quarter horse race meeting at which generated, it shall be delivered to the Horsemen's Benevolent and Protective Association for further distribution to persons having earned monies during the meeting, in the direct proportion that the underpayment is to the monies earned by that person at that meeting. In the event the underpayment is less than an amount equal to two times the average daily purse distribution at that meeting, it shall be retained by the association or the Horsemen's Benevolent and Protective Association in an interest-bearing account to be used for purses at the next quarter horse meeting conducted by that association. Interest earned on the account shall be added to the purse paid over and above the amount required to be paid as purses by this Section.
(5) For the purposes of this Subsection, "average daily purse distribution" means all sources of funds available for use as a purse or purse supplement that are required by law to be distributed during a race meeting.
C. For the purposes of this Section, "hospital and medical benefits" shall include but not be limited to reasonable medical, surgical, hospitalization, and physical rehabilitation, and dental and optical services, death benefits, drug and alcohol counseling, and other spiritual, mental, and psychological services provided for the welfare of permittees, their employees, and others. The term "hospital and medical benefits" shall also include one-time benevolence payments to persons in the equine industry who are in financial need as a result of serious illness or injury, fire, or natural disaster, including but not limited to hurricane, tornado, or flood.
Added by Acts 1977, No. 436, §1, eff. July 11, 1977. Amended by Acts 1982, No. 228, §2, eff. July 15, 1982; Acts 1984, No. 197, §1, eff. June 28, 1984; Acts 1988, No. 794, §1; Acts 1990, No. 612, §1, eff. July 19, 1990; Acts 2001, No. 566, §1; Acts 2012, No. 517, §1; Acts 2013, No. 342, §1; Acts 2018, No. 575, §2, eff. May 23, 2018; Acts 2019, No. 328, §2; Acts 2023, No. 261, §1.
§ 4:183.1 Purse supplement; promotional items and services; manufacturer's product name in race designation
A. Notwithstanding any other law to the contrary and particularly R.S. 26:286 and R.S. 51:422, any manufacturer, including a manufacturer of alcoholic beverages, may do any of the following:
(1) Add a purse supplement to any licensed race conducted in the state.
(2) Provide and pay for any promotional items, services, or advertisements in connection with any licensed race conducted in the state or in connection with any function held during the racing season at any track which is licensed to conduct race meetings.
B. Any manufacturer who provides a purse supplement or promotional items, services, or advertisements under the provisions of Subsection A of this Section may have his product's name used in the name of any such race or function. In addition, the race may be designated using a brand name of the manufacturer as part of the designation of the race.
C. Wholesale dealers of alcoholic beverages licensed under the provisions of Title 26 of the Louisiana Revised Statutes of 1950, who are not also manufacturers of alcoholic beverages, are prohibited from participating in the activities allowed under this Section. Violation subjects the wholesaler to suspension or revocation of the wholesale permit as provided for in Title 26 of the Louisiana Revised Statutes of 1950.
Acts 1985, No. 902, §1, eff. July 23, 1985; Acts 1985, No. 992, §1, eff. July 23, 1985.
§ 4:183.2 Disposition of accrued interest on undistributed monies at a race meeting
A. Monies designated for purses under R.S. 4:183(A) shall be remitted to the Horsemen's Benevolent and Protective Association within ten business days to be deposited in a separate interest-bearing account when earned and shall remain in that account until the first day of the next race meeting of the appropriate breed. Monies earned as interest on that account shall be added to those designated for Louisiana bred purses under R.S. 4:183(A) and shall be considered part of the gross purses as defined therein.
B.(1) Monies required to be deposited into the interest-bearing account provided for in Subsection A of this Section shall be deemed earned when the race on which the wagers are placed is run. Such monies shall be deposited into such interest-bearing account within fifteen days of being earned; however, the amounts earned pursuant to R.S. 4:217 shall be deposited into the account provided for in Subsection A of this Section within fifteen days of the date on which the monies are received by the licensee.
(2) Until all monies have been distributed in accordance with R.S. 4:183(A)(4), the Horsemen's Benevolent and Protective Association or all member and other horsemen in the state and all other persons or entities that receive purse or purse supplement funds shall be deemed to hold a perfected security interest in and to all funds that are deemed to have been earned pursuant to this Section and that have not yet been distributed in accordance with R.S. 4:183(A)(4). All earned purse money not yet distributed as purses shall be deemed to be held in trust for the benefit of the Horsemen's Benevolent and Protective Association by the licensee until such time as such monies are distributed in accordance with law or remitted to the Horsemen's Benevolent and Protective Association pursuant to Subsection A of this Section. Following the remittance to the Horsemen's Benevolent and Protective Association by the licensee, all earned purse money not yet distributed shall be deemed to be held in trust for the benefit of all member and other horsemen in the state and all other persons or entities that receive purse funds by the Horsemen's Benevolent and Protective Association until such time as the monies are distributed in accordance with the law.
(3) A licensee shall have a fiduciary duty to the Horsemen's Benevolent and Protective Association to preserve and account for such monies until such monies are remitted to the Horsemen's Benevolent and Protective Association. Once the licensee remits the monies designated for purses in accordance with R.S. 4:183(A) to the Horsemen's Benevolent and Protective Association pursuant to Subsection A of this Section, it shall have no fiduciary duty to the Horsemen's Benevolent and Protective Association, any member or other horsemen, or any person or entity that receives purse funds to preserve and account for such monies and shall be indemnified against any loss of monies or other circumstance causing the amount of funds to be less than what the licensee remitted to the Horsemen's Benevolent and Protective Association. The Horsemen's Benevolent and Protective Association shall have a fiduciary duty to all member and other horsemen in the state and all other persons or entities that receive purse funds to preserve and account for such monies.
(4) The account containing the monies remitted to the Horsemen's Benevolent and Protective Association pursuant to Subsection A of this Section shall be subject to audit at all times by the legislative auditor and shall be included in the annual audit required by R.S. 4:185.1.
Acts 1989, No. 626, §1, eff. July 7, 1989; Acts 2014, No. 437, §1; Acts 2023, No. 261, §1; Acts 2024, No. 642, §1.
§ 4:184 Special maiden thoroughbred races; purses
A. Each racing association shall conduct one special accredited Louisiana bred maiden thoroughbred race each thoroughbred racing day of each race meeting authorized and licensed by the commission, if sufficient horses are available. The special maiden race shall be in addition to the two daily races written only for accredited Louisiana bred thoroughbred horses as provided in R.S. 4:167 and shall be conducted as an additional race to the normal racing program of a racing association. The special maiden race shall carry no special designation on the official racing program other than a normal sequential number but shall be designated in the condition book and the overnight as a special maiden race. The Executive Committee of the Louisiana Thoroughbred Breeders Association shall specify the type, age, distance, and purse of the special maiden race.
B. Notwithstanding any other provision of law to the contrary, the commissions derived from any special maiden race shall be accounted for separately from all other races and shall be distributed only as provided herein. The distribution of commissions from special maiden races shall be as follows:
(1) An amount of eight percent of any commission shall be retained by the racing association for payment to the Louisiana Thoroughbred Breeders Association monthly for the purpose of disbursing breeder awards in accordance with a distribution formula established by the Executive Committee of the Louisiana Thoroughbred Breeders Association.
(2) Of the remaining amount of commission, fifty percent shall be retained by the racing association, forty percent shall be paid into a special maiden race purse account from which the purse money shall be disbursed in accordance with the racing associations' normal formula for division of purses, and ten percent shall be remitted to the state of Louisiana. Any monies left in the account at the conclusion of the race shall revert to the Louisiana Thoroughbred Breeders Association to supplement other Louisiana bred thoroughbred purses at the next available race meeting conducted by that racing association.
C. Any breakage generated from the special maiden race shall be handled in accordance with the provisions of R.S. 4:167.
D.(1) When the monies available to an association, under the provisions of Subsection B of this Section, for the purse of a special maiden race out of its commissions on the pari-mutuel handle of that special maiden race are insufficient to provide a purse in an amount equal to that offered for other races of comparable quality conducted at the same race meeting, the association shall supplement the purse for the special maiden race from monies dedicated for horsemen's purses pursuant to R.S. 4:183 up to an amount sufficient to make the purse for the race at least equal to purses offered by it for other races of comparable quality.
(2)(a) Notwithstanding any other provision of law to the contrary, in the event that the Louisiana Thoroughbred Breeders Association certifies to the racing association that the monies generated for breeder awards and disbursed by the Louisiana Thoroughbred Breeders Association, pursuant to Paragraph (B)(1) of this Section and R.S. 4:217(D)(1)(a), are insufficient to make such breeder awards on any given special accredited Louisiana bred maiden thoroughbred race according to the distribution formula established by the executive committee of the Louisiana Thoroughbred Breeders Association, then the racing association shall make available from its purse account sufficient monies to the Louisiana Thoroughbred Breeders Association to make breeder awards in accordance with the established formula.
(b) However, in no event shall the monies made available pursuant to this Paragraph by all licensed racing associations operating in the state exceed the total of one hundred fifty thousand dollars in any one calendar year. In addition, no racing association shall be required to make available monies from its purse account for the purposes described in this Paragraph in an amount that is disproportionate to the amount made available by other racing associations based upon total purses paid during the prior calendar year.
(c) The monies required to be made available by this Paragraph shall be made available until November 1, 2003.
E. The authorized representative of the horsemen is entitled to the same deduction from the purse monies of a special maiden race distributed by an association as provided in R.S. 4:183(B).
Added by Acts 1983, No. 514, §1, eff. July 8, 1983. Amended by Acts 1989, No. 708, §§1, 2, eff. July 8, 1989; Acts 2001, No. 565, §1.
§ 4:185 Horsemen's bookkeeper
A.(1) At each race meeting conducted in this state pursuant to the provisions of this Part, there shall be a bookkeeper for the collection, disbursement, and investment of monies belonging to horsemen licensed and racing at such a race meeting who shall be known as the Horsemen's Bookkeeper. The Horsemen's Bookkeeper shall be bonded, selected, and employed by the authorized representative of horsemen racing in Louisiana.
(2) The investment of monies by the Horsemen's Bookkeeper may include the granting of a loan to the horsemen's representative for the repayment of those certain and pending claims for overpayments of purses made by Harrah's Bossier City Investment Company, L.L.C. d/b/a Louisiana Downs or its related entities provided that the loan is at interest, secured by statutorily dedicated purse revenue streams of Louisiana Downs and the certain and pending claims are the subject of a final judgment of dismissal from the court of record based upon a final mutual release and settlement agreement between the horsemen and entities claiming overpayments of purses. This provision is an exception to any and all statutory provisions which govern the statutorily dedicated purse revenue streams.
B.(1) Each association conducting a race meeting shall provide a separate office for the Horsemen's Bookkeeper who shall keep a separate bank account for the horsemen's monies to be known as the "Horsemen's Bookkeeper Account".
(2) At all times the Horsemen's Bookkeeper Account shall have on deposit funds sufficient to cover all monies due to horsemen with regard to daily purses, jockey fees, stakes, handicaps, rewards, claims, deposits, monies, if any, for horsemen's medical and hospital benefit programs, National Thoroughbred Racing Association, Inc. dues, and pony lead fees.
(3)(a) Except for interest earned on the investment of monies in the Horsemen's Bookkeeper Account and that portion of a pony lead fee as hereby authorized and assessed by the representative of horsemen in the state to provide retirement benefits to horsemen and to pay its administrative and operating costs, withdrawals from the account shall be only for those purposes provided in Paragraph (2) of this Subsection. However, monies generated from donations to horse aftercare, as defined in R.S. 3:2438.1, reserves administered by the representative of horsemen in the state shall be authorized for withdrawals and disbursement from the Horsemen's Bookkeeper Account.
(b) Pursuant to this Paragraph, the horse aftercare reserves shall be managed, at all times, by the representative of horsemen in the state and is to be funded by donations and, in part, by a five dollar automatic donation per start. The five dollar automatic donation per start may be withdrawn, or opted out of, by providing written notification to the representative of horsemen in the state.
(4) The interest earned on the investment of monies in the Horsemen's Bookkeeper Account and that portion of a pony lead fee as provided for in Paragraph (3) of this Subsection shall be collected by the Horsemen's Bookkeeper and paid, in due course, to the authorized representative of horsemen.
(5) After first paying the expenses and other charges necessary to operate the offices of the Horsemen's Bookkeeper, the interest earned on the investment of monies in the Horsemen's Bookkeeper Account by the authorized representative of horsemen shall be used by it for the benefit of horsemen racing in the state.
C. The account shall at all times be subject to audit by the legislative auditor or by a certified public accountant approved by the legislative auditor, the expenses of such audit to be paid by the Horsemen's Benevolent and Protective Association.
Acts 1984, No. 197, §1, eff. June 28, 1984; Acts 1989, No. 627, §1, eff. July 7, 1989; Acts 1999, No. 616, §1; Acts 2009, No. 177, §1, eff. June 29, 2009; Acts 2019, No. 221, §2.
§ 4:185.1 Horsemen's Benevolent and Protective Association; audit
A. The Horsemen's Benevolent and Protective Association, including its operations and programs, Horsemen's Alliance Holding Inc., Horsemen's Insurance Alliance, SPC, Louisiana Horsemen's Pension Trust, and Louisiana Horsemen's Medical Benefit Trust, and any other existing or future operations and programs of the Horsemen's Benevolent and Protective Association, shall, at the Horsemen's Benevolent and Protective Association's expense, annually submit an audit to the legislative auditor that has been prepared by an auditing firm approved by the legislative auditor. Each audit shall be submitted to the legislative auditor within six months of the end of the Horsemen's Benevolent and Protective Association's fiscal year and the end of each operations' and programs' fiscal year.
B. The engagement letter for the auditing firm proposed by the Horsemen's Benevolent and Protective Association shall be subject to the prior approval of the legislative auditor.
C. The audits shall be performed in accordance with generally accepted governmental auditing standards and the Louisiana Governmental Audit Guide.
D. The requirements of this Section shall apply to all fiscal years of the Horsemen's Benevolent and Protective Association and its operations and programs beginning on or after January 1, 2009.
E. Notwithstanding Subsection D of this Section, the Legislative Audit Advisory Council may order additional audits of the Horsemen's Benevolent and Protective Association and its operations and programs. These audits shall be performed by the legislative auditor after an initial review by the legislative auditor, including but not limited to the legislative auditor conferring with management of the Horsemen's Benevolent and Protective Association for the purpose of permitting management to submit information and documentation that management believes relevant, and upon a finding of cause by the council following a hearing with due notice to and opportunity for the Horsemen's Benevolent and Protective Association to participate therein.
F. The requirements of this Section shall be in addition to the audit of the Horsemen's Bookkeeper Account provided for in R.S. 4:185(C) and in addition to the audit of the Horsemen's Workers' Compensation Insurance Program provided for in R.S. 4:251(C).
Acts 2010, No. 630, §1.
§ 4:186 Entering horse under another name
A. It shall be unlawful for any person knowingly to enter or cause to be entered any horse for competition or knowingly to compete with any horse entered for competition under any name other than its true name for any prize, purse, premium stake, or sweepstakes offered or given by any agricultural or other society, association, or persons in the state where such prize, purse, premium stake, or sweepstakes is to be decided by a contest of speed.
B. The true name of any horse for the purpose of entry for competition or performance in any contest of speed shall be the name under which the horse has publicly performed and shall not be changed after having once so performed or contested for a prize, purse, premium stake, or sweepstakes except as provided by the code of printed rules of the society or association under which the contest is advertised to be conducted.
C. The official records of any disputed contest of speed shall be received in all courts as evidence upon the trial of any person alleged to have violated the provisions of this Section.
D. Whoever violates this Section shall be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not less than one year at hard labor nor more than five years at hard labor, or both.
Acts 1985, No. 641, §1, eff. July 16, 1985.
§ 4:191 Exclusion, ejection; initial remedy; procedure
A. If a person is excluded from or ejected from any race track, race meeting, race, or any establishment licensed to operate or conduct any exotic wagering or pari-mutuel wagering or pools by a majority of the stewards of a race track, association or establishment the person shall exhaust all administrative remedies before the commission prior to instituting any legal action seeking judicial relief.
B. The owner or officer of a race track, association, or licensed establishment shall notify the commission in writing of any person's exclusion or ejection within three calendar days after the day on which the exclusion or ejection occurred, exclusive of Saturdays, Sundays or legal holidays. The notice shall include the name of the person excluded or ejected and any other pertinent information about the person and the date and approximate time when, and place where, the exclusion or ejection occurred and the reason therefor.
Added by Acts 1981, No. 779, §1.
§ 4:192 Hearing; determination; order
A. The person excluded or ejected may demand a public administrative hearing by giving to the commission written notice of his exclusion or ejection within ten calendar days after its occurrence, exclusive of Saturdays, Sundays, or legal holidays. Upon receipt of the notice of the aggrieved person, the commission shall call and hold a hearing at the next regular meeting of the commission which is held not sooner than fifteen days after receipt of such notice. If the aggrieved person requests an expedited hearing, the hearing shall be set not less than ten days after the receipt of the request for the expedited hearing, and if the commission does not hold the hearing within ten days, the aggrieved person may proceed with his other legal remedies as provided in this Chapter. If the commission and the person demanding a hearing mutually agree, the hearing may be held at any time.
B. The commission, upon the evidence received at the hearing and the merits of the testimony, shall determine whether the person was lawfully excluded or ejected in accordance with its rules and regulations provided for in R.S. 4:193, and shall enter its decision in its record of official proceedings. It shall be the responsibility of the owner or officer to show that the person was excluded or ejected in accordance with such rules and regulations.
C. If the determination of the commission is that the action to exclude or eject was lawful, the commission shall order the person excluded or ejected for a specified time from all race tracks, race meetings, races, or licensed establishments that are under the commission's regulatory powers. If the commission determines that the exclusion or ejection was unlawful, the commission shall order the owner or officer of the race track, association, or licensed establishment to allow said person to enter the premises and participate in any race. All orders shall be subject to review by a court of competent jurisdiction.
Added by Acts 1981, No. 779, §1.
§ 4:193 Categories of persons subject to exclusion and ejection; civil liberties
A. The commission shall adopt and promulgate rules and regulations establishing categories of persons who may be excluded or ejected from a track, race meeting, race, or licensed establishment. Such categories shall include, but shall not be limited to, categories of persons:
(1) Who are not of age.
(2) Who have been convicted of a felony under the laws of the United States, this state or any other state or country, or any crime or offense involving moral turpitude.
(3) Who are career or professional offenders as defined by regulation of the commission.
(4) Who are of notorious or unsavory reputation or whose presence, in the opinion of the commission, would be inimical to the state of Louisiana and its citizens or to the track, meeting, race, or licensed establishment, or to both.
(5) Who have had a license or permit refused, suspended or withdrawn under R.S. 4:152.
B. No person may be excluded or ejected on account of race, color, creed, national origin, ancestry, disability, as defined in R.S. 51:2232, or sex.
C. No permittee in good standing shall be denied access to or racing privileges at any racing facility except in accordance with the rules of the Louisiana State Racing Commission.
Added by Acts 1981, No. 779, §1. Amended by Acts 1982, No. 629, §1; Acts 1993, No. 820, §1; Acts 2026, No. 814, §4.
§ 4:194 Notification of order
The commission shall notify all race tracks, associations, and licensed establishments in the state, and the state police, and local law enforcement officials who exercises law enforcement powers where a race track is located, of its order, naming the person excluded or ejected and giving the reason for the order. The commission shall maintain a list of all persons determined to have been lawfully excluded or ejected, with each person's age, birthdate, driver's license number, social security number, last known residential and business addresses, the date of the exclusion or ejection, and the name of the race track, the date and the reason for the determination and any other information deemed necessary, including the time specified in the order.
Added by Acts 1981, No. 779, §1.
§ 4:195 Requirements to exclude, eject certain persons; penalties for failure to act
Any owner, official, supervisor, or employee of a race track, association, or a licensed establishment shall keep from the premises where he conducts his business or performs his employment any person whom he knows is ordered by the commission to be excluded or ejected. The commission may revoke, limit, condition, or suspend the license of or impose a fine on, any individual or licensee in accordance with laws of the state and rules and regulations of the commission, if the licensee or person knowingly and wilfully fails to act to exclude or eject any person whom he knows is ordered by the commission to be excluded or ejected.
Added by Acts 1981, No. 779, §1.
§ 4:196 Unlawful entry; penalty
Any person who is ordered by the commission to be excluded or ejected from race tracks, race meetings, races, and licensed establishments properly is guilty of a misdemeanor if he thereafter enters such premises, and shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Added by Acts 1981, No. 779, §1.
§ 4:197 Standards for commission; APA
A. The commission shall adopt the rules under R.S. 4:191 through R.S. 4:197 to protect and promote the public interest, including the orderly and efficient conduct of horse racing, fairness and justice in horse racing, and the peaceful enjoyment of horse racing by the members of the public.
B. Except as otherwise provided in R.S. 4:191 through R.S. 4:197, the commission's hearings, practice, procedures, determinations, and orders shall be governed by Chapter 13 of Title 49.
Added by Acts 1981, No. 779, §1.
§ 4:198 Disclosure of source of purses and purse supplements
Each racing association shall disclose, in writing in the condition book maintained by it, the source of all purses and purse supplements to be distributed by it on each racing day.
Acts 1992, No. 1028, §1.
§ 4:199 Sports Wagering Purse Supplement Fund; creation
A. There is hereby created in the state treasury a special fund to be known as the Sports Wagering Purse Supplement Fund, hereafter referred to in this Section as the "fund".
B. Any appropriation by the legislature to the Louisiana State Racing Commission from the fund shall be utilized to supplement purses as provided in this Section.
C. Monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund. Interest earned on the investments of monies in the fund shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
D. Monies in the fund shall only be withdrawn pursuant to an appropriation by the legislature solely to implement the provisions of this Section.
E. Each fiscal year, the commission shall allocate any appropriations received pursuant to R.S. 27:625(G)(4) as follows:
(1) Two-thirds of the funds appropriated to the commission pursuant to this Paragraph shall be allocated and provided to the licensed racing associations in the state which conduct live horse racing on the basis of the proportion of the number of thoroughbred race days each association conducted for the preceding year bears to the total number of thoroughbred race days conducted statewide for the preceding year, and such funds shall be used solely to supplement purses in accordance with a schedule or formula established by the purse committee of the Louisiana Thoroughbred Breeders Association on Louisiana-bred thoroughbred races.
(2) One-third of the funds appropriated to the commission pursuant to this Paragraph shall be allocated and provided to the licensed racing associations in the state which conduct live horse racing on the basis of the proportion of the number of quarter horse race days each association conducted for the preceding year bears to the total number of quarter horse race days conducted statewide for the preceding year, and such funds shall be used solely to supplement purses in accordance with a schedule or formula established by the purse committee of the Louisiana Quarter Horse Breeders Association on Louisiana-bred quarter horse races.
Acts 2021, No. 435, §2, eff. June 21, 2021.
§ 4:200 Fixed Odds Horse Wagering Purse Supplement Fund; creation
A. There is hereby created in the state treasury a special fund to be known as the Fixed Odds Horse Wagering Supplement Fund, hereafter referred to in this Section as the "fund".
B. Any appropriation by the legislature to the commission from the fund shall be utilized to supplement breeder awards and purses for Louisiana bred thoroughbreds and quarter horses as provided in this Section.
C. Monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund. Interest earned on the investments of monies in the fund shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
D. Monies in the fund shall only be withdrawn pursuant to an appropriation by the legislature solely to implement the provisions of this Section.
E. Each fiscal year, the commission shall allocate any appropriations received pursuant to R.S. 27:625(G)(4) as follows:
(1) Fifty-five percent of the funds appropriated to the commission pursuant to this Section shall be allocated and provided to the Horsemen's Bookkeeper to be used as purses at the licensed racing associations in the state that conduct live horse racing on the basis of the proportion of the number of thoroughbred race days each association conducted for the preceding year bears to the total number of thoroughbred race days conducted statewide for the preceding year, and such funds shall be used solely to supplement purses in accordance with a schedule or formula established by the purse committee of the Louisiana Thoroughbred Breeders Association.
(2) Twenty-four percent of the funds appropriated to the commission pursuant to this Section shall be allocated and provided to the Horsemen's Bookkeeper to be used as purses at the licensed racing associations in the state which conduct live horse racing on the basis of the proportion of the number of quarter horse race days each association conducted for the preceding year bears to the total number of quarter horse race days conducted statewide for the preceding year, and such funds shall be used solely to supplement purses in accordance with a schedule or formula established by the purse committee of the Louisiana Quarter Horse Breeders Association.
(3) Fourteen percent of the funds appropriated to the commission pursuant to this Section shall be allocated and provided to the Louisiana Thoroughbred Breeders Association to be used for breeder awards.
(4) Seven percent of the funds appropriated to the commission pursuant to this Section shall be allocated and provided to the Louisiana Quarter Horse Breeders Association to be used for breeder awards.
Acts 2025, No. 291, §1, eff. June 11, 2025.
PART I-A LOUISIANA CHAMPIONS DAY
§ 4:201 Purpose
The purpose of this Part is to focus national attention on and enhance the horse breeding industry in the state by establishing a special day of racing to display Louisiana bred champions.
Acts 1990, No. 884, §1.
§ 4:202 Louisiana Champions Day; creation; racing program; funding
A. Beginning in 1991, and every year thereafter, the Louisiana Thoroughbred Breeders Association is hereby authorized to hold a special day of racing devoted solely to Louisiana bred horses to be known as "Louisiana Champions Day". Louisiana Champions Day shall be held in November or December of each year; the date and location of which shall be determined by the Louisiana Thoroughbred Breeders Association in consultation with the Louisiana Quarterhorse Breeders Association.
B.(1) The racing program on Louisiana Champions Day shall consist of seven races for thoroughbreds and three races for quarterhorses.
(2) The conditions of each race shall be determined by the appropriate breeders association.
C. Louisiana Champions Day purses shall be determined for each race by the Louisiana Thoroughbred Breeders Association after consultation with the Louisiana Quarterhorse Breeders Association and may be funded as follows:
(1) Purses offered by participating racing associations.
(2) Funds from the appropriate breeders association.
(3) Corporate contributions.
(4) Funds made available pursuant to R.S. 4:203 and any other applicable provision of law.
(5) Any other donations, bequests, or contributions made available for that purpose.
Acts 1990, No. 884, §1; Acts 2022, No. 216, §1.
§ 4:203 Louisiana Champions Day Account; funding; use; audit
A. All fees from pari-mutuel wagering due pursuant to R.S. 4:161, 161.1, 161.2, 163.1, 166, 166.1, 166.2, 166.3, and 218 from races held on Kentucky Derby Day, Preakness Day, and Belmont Stakes Day shall be paid instead to the Louisiana Thoroughbred Breeders Association and placed in an interest-bearing account to be known as the "Louisiana Champions Day Account" for use at the next Louisiana Champions Day or for any lawful purpose to enhance the Louisiana horse breeding industry.
B. Monies derived pursuant to this Section may be used for Louisiana Champions Day and shall be over and above those provided for from other sources as provided in R.S. 4:202.
C. The Louisiana Champions Day Account shall be subject at all times to audit by the legislative auditor or by a certified public accountant approved by the legislative auditor, the expenses of such audit to be paid by the Louisiana Thoroughbred Breeders Association.
Acts 1990, No. 884, §1; Acts 1992, No. 2, §1, eff. April 30, 1992; Acts 1997, No. 335, §1; Acts 1999, No. 481, §1; Acts 2022, No. 216, §1.
PART II OFFTRACK WAGERING
§ 4:211 Definitions
Unless the context indicates otherwise, the following terms shall have the meaning ascribed to them below:
(1) "Audited net profits" means the total commissions retained by an association on pari-mutuel wagers placed at a specific offtrack wagering facility, less breakage, settlements, and taxes applicable to such wagers.
(2) "Eligible applicants" means the primary licensee fulfilling the licensure criteria described in this Part.
(3) "Exotic wagers" or "exotic wagering pools" include all pari-mutuel pools except the win, place, or show pools conducted at each race meeting in this state. Examples of exotic wagering pools in common usage are daily double pools, exacta pools, trifecta pools, twin trifecta pools, pick-six pools, and quinella pools.
(4) "Host entity" means an entity licensed by the Louisiana Gaming Control Board to conduct sports wagering in its sports book lounge in accordance with Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950; however, it shall not include an entity that is also the holder of a license as defined in R.S. 27:353 and provided for in Chapter 7 of Title 27 of the Louisiana Revised Statutes of 1950.
(5) "Host track" means the Louisiana track at which the race is run.
(6) "Net commission" means the commission retained by a licensee on pari-mutuel wagers on historical horse races, less breakage, settlements, and taxes applicable to such wagers.
(7) "Offtrack wagering facility" means the licensed and authorized location where offtrack wagers may be accepted.
(8) "Offtrack wagering facility licensee" means an association that has been licensed by the Louisiana State Racing Commission to operate an offtrack wagering facility.
(9) "Pari-mutuel facility" means any pari-mutuel race track conducting race meetings during the 1986-87 racing season and licensed prior to June 30, 1987.
(10) "Parish seat" means the facility, courthouse, meeting hall, etc., at which the parish governing authority meets on a regular basis in an official capacity.
(11) "Primary licensee" means the licensed association conducting the majority of race days at a pari-mutuel facility.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 2021, No. 437, §1, eff. June 21, 2021; Acts 2022, No. 530, §1, eff. June 16, 2022.
§ 4:212 Offtrack wagering; authorization
The Louisiana State Racing Commission, hereinafter referred to as the commission, is hereby authorized to license offtrack wagering in this state and shall promulgate such rules and regulations as are necessary for the efficient administration of offtrack wagering in this state.
Acts 1987, No. 203, §1, eff. June 30, 1987.
§ 4:212.1 Toll-free telephone assistance for compulsive gamblers; posting of signs on premises
The commission shall require the posting of one or more signs on licensed premises at each point of entry into areas where authorized gaming is conducted, authorized gaming devices are located, or authorized wagering on the results any horse race is conducted to inform patrons of a toll-free telephone number available to provide information and referral services regarding compulsive or problem gambling. Failure by the owner of the licensed premises to post and maintain such a sign or signs shall be cause for the imposition of a fine not to exceed one thousand dollars per day.
Acts 1997, No. 1192, §1.
§ 4:213 Offtrack wagering facilities; establishment; sports book lounge
A. In addition to the rights granted in R.S. 4:149.2, any association licensed by the commission may conduct pari-mutuel wagering and engage in all necessary activities to establish appropriate offtrack wagering facilities to accomplish this purpose. Such activities shall include but not be limited to:
(1) Live simulcast of races from the host track.
(2) Historical horse racing on the premises of offtrack wagering facilities via dedicated machines or personal mobile devices.
(3) Construction or leasing of offtrack wagering facilities.
(4) Sale of goods and beverages.
(5) Advertising and promotion.
(6) All other related activities.
B.(1) In addition to Subsection A of this Section, any association licensed by the commission may also conduct pari-mutuel wagering and engage in necessary activities to establish appropriate offtrack wagering in a sports book lounge of a host entity, if the sports book lounge of the host entity is geographically located in a parish that has approved, by public referendum, the conduct of pari-mutuel wagering in that parish.
(2) The conduct of offtrack wagering in a sports book lounge shall be pursuant to an agreement between the licensed association and the host entity and the agreement shall be subject to approval by the commission and by the Louisiana Gaming Control Board.
(3) The commission shall promulgate rules establishing the regulations and conditions for the conduct of offtrack pari-mutuel wagering in a sports book lounge of a host entity. The rules shall require an agreement between the association licensed by the commission and the host entity licensed for sports wagering by the Louisiana Gaming Control Board and its retail sports wagering operator, if applicable. The agreement shall include but not be limited to the following terms:
(a) Pari-mutuel wagering shall be restricted to the host entity's retail sports book lounge.
(b) Pari-mutuel wagering shall be conducted in accordance with the provisions of this Chapter.
(c) All pari-mutuel wagers shall be maintained and accounted separate and distinct from all other sports wagers placed in the sports book lounge.
(d) The gaming division of the office of state police shall have access to all files, records, documents, film, tape, including surveillance tape, and any other information and personnel necessary to determine compliance with all gaming laws, rules, and regulations on gaming activities and operations under the commission's jurisdiction or the Louisiana Gaming Control Board's jurisdiction.
(e) In consideration for hosting, the offtrack wagering facility licensee shall make compensation payments to the host entity of thirty percent of the audited net profits on the total amount wagered at its facility. The agreement shall specify the calculation and periodic payments.
(f) Unless otherwise provided by law, all commissions and fees and their distribution shall be as provided by this Chapter.
C.(1) An offtrack wagering facility licensee that is also the holder of a license, as defined in R.S. 27:353 and provided for in Chapter 7 of Title 27 of the Louisiana Revised Statutes of 1950, may conduct pari-mutuel wagering and engage in necessary activities to establish appropriate offtrack wagering in its retail sports book lounge.
(2) The conduct of offtrack wagering in a sports book lounge shall be pursuant to a plan of operation, and the plan shall be subject to approval by the commission and by the Louisiana Gaming Control Board.
(3) The commission shall promulgate rules establishing the regulations and conditions for the conduct of offtrack pari-mutuel wagering in a sports book lounge of a holder of a license as defined in R.S. 27:353. The rules shall require the plan of operation to include but not be limited to the following provisions:
(a) Pari-mutuel wagering shall be conducted in accordance with the provisions of this Chapter.
(b) All pari-mutuel wagers placed in the sports book lounge shall be maintained and accounted separate and distinct from all other sports wagers placed in the sports book lounge.
(c) The gaming division of the office of state police shall have access to all files, records, documents, film, tape, including surveillance tape, and any other information and personnel necessary to determine compliance with all gaming laws, rules, and regulations on gaming activities and operations under the commission's jurisdiction or the Louisiana Gaming Control Board's jurisdiction.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1990, No. 559, §1, eff. July 19, 1990; Acts 2021, No. 437, §1, eff. June 21, 2021; Acts 2022, No. 530, §1, eff. June 16, 2022.
§ 4:214 Offtrack wagering facilities; licensing; criteria; management; appeal of license suspension or revocation; limitation on facilities with historical horse racing
A. Except for offtrack wagering conducted in a sports book lounge, license approval shall be subject to the criteria established by R.S. 4:159.
B. Licensure for all offtrack wagering facilities shall be subject to the following conditions:
(1)(a) Only the primary licensee operating at a pari-mutuel facility may apply for a license to operate offtrack wagering facilities in this state and only such primary licensees shall be licensed to operate offtrack wagering facilities under this Part.
(b) An association applying for a license to operate an offtrack wagering facility to be located in a sports book lounge shall provide its agreement with the host entity or plan of operation as part of its application.
(2)(a)(i) Before a license is granted for an offtrack wagering facility in any parish, the voters of that parish shall have approved the establishment of such a facility within the parish in a referendum election held for that purpose. The commission shall request a referendum by the governing body of a parish only after receipt of an application for licensure of an offtrack wagering facility in that parish by the eligible applicant as provided in R.S. 4:215.
(ii) If the referendum fails to gain voter approval, or if the commission's request to the parish governing authority for a referendum is not granted within six months of such request, then the request therefor is rendered void.
(iii) Any request for an offtrack referendum that is pending on the effective date of this Subparagraph before the governing authority of a parish wherein such a referendum has failed to gain voter approval in a prior election shall be rendered void upon that date.
(iv) Any request for an offtrack referendum that has been pending before a parish governing authority for six months or more upon the effective date of this Subparagraph shall be rendered void upon that date.
(b)(i) After a request by the commission to a parish governing authority for an offtrack referendum is voided for any reason, the original applicant may do either of the following:
(aa) Resubmit the application for licensure, and the commission shall submit a new request for an offtrack referendum election to the parish governing authority.
(bb) Submit a new application to the commission for licensure of an offtrack wagering facility in any city, town, or municipality within the parish, and the commission shall request the governing authority of such city, town, or municipality to hold an offtrack referendum election.
(ii) If the referendum fails to gain voter approval or if the commission's request for a referendum is not granted within six months of such request, the request therefor is rendered void.
(iii) If the offtrack referendum gains voter approval, the commission may license one offtrack wagering facility within the corporation limits of the city, town, or municipality in which the referendum was held. Such license shall conform to all applicable licensing criteria as provided in this Part.
(c)(i) Except as provided in Item (ii) of this Subparagraph, the collection and distribution of license fees as provided in R.S. 4:218 shall not be affected by this Paragraph.
(ii) Notwithstanding any provision of R.S. 4:218 to the contrary and except for offtrack wagering conducted in a sports book lounge of a host entity, if an offtrack wagering facility is located within the corporate limits of a municipality as a result of a municipal offtrack wagering referendum as provided in this Paragraph, called by the municipal governing authority without the assistance of the parish governing authority, the municipal governing authority may impose a license fee not to exceed two percent of the total amount wagered at that facility, and no license fee shall be imposed by the parish, and the municipality shall retain the total license fees collected; otherwise, distribution of the fees shall be in accordance with R.S. 4:218(B).
(3)(a) A license shall not be granted to an offtrack wagering facility to be located within a fifty-five mile radius of a pari-mutuel facility without the prior written permission of the primary licensee of that facility.
(b) Subparagraph (a) of this Paragraph shall not apply to an offtrack wagering facility located in a sports book lounge of a host entity.
(4)(a) Not more than two offtrack wagering facilities may be licensed in any parish, except for Orleans and Jefferson.
(b) For the purposes of this Paragraph, a pari-mutuel facility as that term is defined in R.S. 4:211 shall not be included in the count of licensed offtrack wagering facilities for the parish in which it is located.
(c) For the purposes of this Paragraph, an offtrack wagering facility located in a sports book lounge of an entity licensed pursuant to Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950 shall not be included in the count of licensed offtrack wagering facilities for the parish in which it is located.
(5) Except for an offtrack wagering facility located in the sports book lounge, final license approval is subject to local governing authority facility citing requirements.
(6) Except for an offtrack wagering facility located in the sports book lounge, each offtrack wagering facility shall be specifically designed as an entertainment complex. Maximum allowable attendance at each facility shall be one hundred twenty-five percent of the seating capacity at that facility. At least one area for patrons at each offtrack wagering facility shall be designated as a nonsmoking area.
(7) Except for an offtrack wagering facility located in the sports book lounge of a host entity, no person licensed by the commission pursuant to the provisions of this Chapter who shows proof of licensure upon entering an offtrack wagering facility shall be assessed any fees for admission into the facility.
C.(1) Licenses granted by the commission shall be valid for a ten-year period. In the event of the sale of the pari-mutuel facility, such license may be transferred and remain valid for the balance of the term of the license. If the conditions of the sale do not include the transfer of the offtrack wagering facility license, such license shall be automatically voided upon the completion of the sale.
(2) In the event a primary licensee is granted approval by the Louisiana State Racing Commission to transfer its live racing dates to another pari-mutuel facility, such primary licensee shall retain all the rights, privileges, and obligations relative to offtrack wagering facilities as provided in this Part as though it remained a primary licensee, as defined in R.S. 4:211, in its original location.
D. License applications shall be accompanied by a good faith deposit of one thousand dollars.
E. All primary licensees are eligible for licensure at their existing horse racing facilities as offtrack wagering facilities. Such primary licensees shall not be subject to the licensing requirements in Paragraph (B)(2) of this Section.
F. There shall be no penalty for closing a licensed offtrack wagering facility provided the licensee submits written notice to the commission at least thirty days prior to closure. The commission shall notify all eligible applicants of the notice of closure. Ownership of an offtrack wagering facility may be transferred to other eligible applicants subject to all licensing requirements except as provided in Paragraph (B)(2) of this Section.
G. Nothing in this Part shall be construed as preventing licensees from jointly owning or contracting for the management of any or all licensed offtrack wagering facilities.
H. An offtrack wagering facility shall not accept wagers on races run at any track without a contract with the licensee operating the host track. This contract shall include all terms and conditions for use of races run at the host track by the offtrack wagering facility, including compensation of the host track for such use. This contract shall be filed with the commission. No host track may deny the use of its races by any other offtrack wagering facility in Louisiana under the same terms and conditions.
I.(1) An offtrack wagering facility shall not allow the admission of any person less than eighteen years old. However, the provisions of this Paragraph shall not apply to any offtrack wagering facility located on the premises of a pari-mutuel facility as defined in R.S. 4:211.
(2) An offtrack wagering facility located in a sports book lounge shall not allow the admission of any person less than twenty-one years old.
J. Except for an offtrack wagering facility located in the sports book lounge of a host entity, in addition to license fees, each licensee shall pay the fees provided for in this Subsection. Each licensee shall begin paying the fees on the first day of the second year in which the licensee operates the facility. The licensee shall pay to the collector twenty-five cents for each person attending the offtrack wagering facility other than licensed personnel, employees, officials, and working press. These payments shall be made at the conclusion of each calendar week and shall be accompanied by a report under oath showing the total contributions and admissions, and any other information which the commission may require.
K.(1) Should the commission suspend or revoke the license of a primary licensee, the licensee may, within ten days of the notification of the commission's decision, take a suspensive appeal to the district court having jurisdiction over the licensee's offtrack wagering facility. The appeal shall be filed in the district court in the same manner as an original suit is instituted thereon. Each appeal shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.
(2) Within ten calendar days of the signing of the judgment by the district court in any such appeal case, the commission or the applicant for a license or licensee, as the case may be, may suspensively appeal the judgment to the appellate court of proper jurisdiction. The appeal shall be perfected in the manner provided for in civil cases and shall be suspensive or devolutive in the discretion of the court.
(3) All proceedings in the district and appellate courts arising under this Part are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, and in or out of term.
L.(1) No primary licensee may operate more than five offtrack wagering facilities in which historical horse racing is permitted.
(2) Notwithstanding Paragraph (1) of this Subsection, any primary licensee that operates more than five offtrack wagering facilities as of July 1, 2021, may conduct historical horse racing at all of its licensed facilities. However, historical horse racing shall not be authorized at any future offtrack wagering facility for that primary licensee if the primary licensee is operating more than five offtrack wagering facilities. If any of the primary licensee's existing licensed offtrack wagering facilities on July 1, 2021, cease to be a licensed offtrack wagering facility for reasons other than force majeure, the number of offtrack wagering facilities allowed to conduct historical horse racing for that primary licensee shall be reduced by the number of its offtrack wagering facilities that cease to be licensed until such time as the primary licensee is reduced to no more than five licensed offtrack wagering facilities allowed to conduct historical horse racing.
(3) Each primary licensee or licensed offtrack wagering facility shall not place more than fifty historical horse racing machines into service at any given time.
(4) In addition to the requirements of Paragraph (3) of this Subsection, an application from an eligible facility to conduct historical horse racing in Orleans Parish may be approved by the commission only after the Amended and Renegotiated Casino Operating Contract entered into pursuant to R.S. 27:201 et seq. on October 30, 1998, as amended, is amended to provide that the conducting of historical horse racing at the eligible facility in Orleans Parish shall not constitute an exclusivity violation or prohibited land-based gaming as defined in such contract and such amendment to the contract is approved by the Joint Legislative Committee on the Budget as required by the provisions of Section 3.B of Act No. 1 of the 2001 First Extraordinary Session of the Legislature.
M.(1) Historical horse racing shall not be conducted via a machine or website or mobile application beyond the property of the pari-mutuel facility or offtrack wagering facility.
(2) Historical horse racing shall not be conducted at an offtrack wagering facility located in a sports book lounge.
(3) The commission shall promulgate rules relative to the enforcement of the restrictions provided for in this Subsection.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1988, No. 188, §1, eff. July 1, 1988; Acts 1988, No. 700, §1; Acts 1989, No. 628, §2; Acts 1990, No. 559, §1, eff. July 19, 1990; Acts 1990, No. 561, §1, eff. June 30, 1990; Acts 1990, No. 1013, §1, eff. July 26, 1990; Acts 1991, No. 963, §1; Acts 1992, No. 777, §1; Acts 2000, 1st Ex. Sess., No. 32, §1; Acts 2011, 1st Ex. Sess., No. 27, §1; Acts 2021, No. 437, §1, eff. June 21, 2021; Acts 2022, No. 530, §1, eff. June 16, 2022.
{{NOTE: THE PROVISIONS OF R.S. 4:214(A)(2)(c)(ii) SHALL NOT APPLY TO ANY OFFTRACK WAGERING FACILITY IN OPERATION ON THE EFFECTIVE DATE OF THE ACT WHICH ORIGINATED AS HOUSE BILL NO. 1167 OF THIS 1992 REGULAR SESSION. (ACTS 1992, No. 777, EFF. AUGUST 21, 1992.)}}
§ 4:214.1 Minimum live racing dates; offtrack and other authorized wagering
A. An association shall not be licensed to conduct offtrack or other authorized wagering in the state unless it conducts live horse racing for not less than one hundred twenty-two racing days within each fifty-two-week period at the facility designated in its license. Of the required one hundred twenty-two racing days, not less than seventy-six days shall be thoroughbred horse racing days conducted during no more than twenty-one consecutive weeks and not less than forty-six days shall be quarter horse racing days conducted during no more than twelve consecutive weeks. The foregoing minimum racing requirements are mandatory unless the association is prevented from live racing as a result of a natural disaster, an act of God, force majeure, a catastrophe, or such other occurrence over which the association has no control. When a pari-mutuel wagering facility and a related offtrack betting facility are sold, the purchaser shall conduct the minimum number of live racing days, including the minimum quarter horse racing days, required by this Section as a condition of operating the offtrack betting facility.
B. Notwithstanding any provision of law to the contrary, at any facility subject to the provisions of R.S. 27:372.1(A), the facility shall maintain a minimum of seventy-six thoroughbred horse racing days conducted during twenty consecutive weeks and not less than fifteen days of quarter horse racing conducted during five consecutive weeks. The racing days provided for in this Subsection shall be conducted within a fifty-two-week period. The foregoing minimum racing requirements are mandatory unless the association is prevented from live racing as a result of a natural disaster, an act of God, force majeure, a catastrophe, or such other occurrence over which the association has no control. When a pari-mutuel wagering facility and a related offtrack betting facility are sold, the purchaser shall conduct the minimum number of live racing days, including the minimum quarter horse racing days, required by this Section as a condition of operating the offtrack betting facility.
C. Notwithstanding Subsections A and B of this Section, the commission may reduce the number of race days by up to twenty-one upon a showing by the association and the Horsemen's Benevolent and Protection Association that the reduction would be in the best interests of the industry.
D. If the association and the Horsemen's Benevolent and Protection Association cannot reach an agreement pursuant to Subsection C of this Section, the commission may, by a two-thirds vote of the membership, reduce the number of race days by up to twenty-one upon a showing by the association that without the reduction of race days, the association would experience imminent financial distress. The commission shall examine all financial records of the association and any relevant financial records of any affiliates for the purpose of determining equitable cost allocation. Any examination of financial records shall be confidential. After the examination, the commission shall release a summary of relevant facts, but any proprietary information or trade secrets shall remain confidential.
Acts 1989, No. 631, §1, eff. July 7, 1989; Acts 1990, No. 557, §1, eff. July 19, 1990; HCR No. 26, 2005 1st Ex. Sess., eff. Nov. 20, 2005; Acts 2009, No. 242, §1; Acts 2018, No. 575, §2, eff. May 23, 2018; Acts 2020, No. 326, §1, eff. July 12, 2022; Acts 2023, No. 258, §1, eff. June 12, 2023.
§ 4:215 Offtrack wagering facilities; ownership
A. Only a primary licensee of a pari-mutuel facility may own and operate an offtrack wagering facility in a parish whose parish seat is located less than fifty-five miles from such facility.
B. Offtrack wagering facilities to be located in parishes whose parish seat is less than fifty-five miles from more than one pari-mutuel facility must be jointly owned by those facilities. Such jointly owned facilities shall be subject to the following provisions:
(1) Percentage of ownership shall be inversely proportional to the distance from the pari-mutuel facility to the parish seat of the parish in which the proposed facility is to be located.
(2) A copy of a written agreement between all eligible applicants for licensure of offtrack wagering facilities in a parish must be submitted to the commission with the application for licensure.
(3) If an eligible applicant does not wish to participate in the establishment of offtrack wagering facilities with other eligible applicants, he shall so state in writing within thirty days of receipt of notification, a copy of which shall be included with the application for licensure submitted by any other eligible applicants.
C. Ownership of offtrack wagering facilities in parishes whose parish seat is fifty-five miles or more from any pari-mutuel facility shall be determined by the following procedure:
(1) Any applicant eligible for licensure of an offtrack wagering facility desiring to establish such a facility in a parish covered by this Subsection shall provide written notification of this intent to the commission.
(2) The commission shall notify all other eligible applicants under the provisions of this Part of this intent.
(3) All eligible applicants must respond within thirty days of receipt of this notice of intent if they wish to participate in the joint ownership of an offtrack wagering facility in that parish. Ownership shall be distributed equally among eligible applicants who choose to participate, unless agreed to and contracted otherwise by such eligible applicants. Applicants who fail to respond within thirty days will not be eligible to participate in any offtrack wagering facility in the parish.
(4) All eligible applicants indicating their wish to participate in joint ownership of an offtrack wagering facility must submit a joint application for licensure pursuant to the provisions of R.S. 4:214.
D. The provisions of this Section shall not apply to an offtrack wagering facility located in the sports book lounge of a host entity.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 2022, No. 530, §1, eff. June 16, 2022.
§ 4:216 Commissions on wagers
A. Notwithstanding any other provisions of law, commissions on wagers made at offtrack wagering facilities shall be as follows:
(1) On win, place, and show bets, seventeen percent.
(2) On exotic wagers involving the selection of two horses, twenty and one-half percent.
(3) On exotic wagers involving the selection of three or more horses, twenty-five percent.
(4) In addition to the commission provided above, the offtrack wagering facility where the wager is made is entitled to retain the breakage on such wagers, which is understood to be the amount of money remaining after paying off bettors.
B. Commissions shall be deducted and retained by the licensee of the offtrack wagering facility where the wager is made.
C.(1) From such commissions, and except when the primary licensee is conducting offtrack wagering at its racing facility, on all wagers made at an offtrack wagering facility, the following amounts thereof shall be used for disbursement by the licensee to supplement horsemen's purses in accordance with the provisions of R.S. 4:217:
(a) When the total of all daily wagers at an offtrack wagering facility is less than fifteen thousand dollars, five and one-half percent of such wagers.
(b) When the total of all daily wagers at an offtrack wagering facility is fifteen thousand dollars or more but less than twenty-five thousand dollars, eight hundred twenty-five dollars plus six percent of all such wagers in excess of fifteen thousand dollars.
(c) When the total of all daily wagers at an offtrack wagering facility is twenty-five thousand dollars or more, one thousand four hundred twenty-five dollars plus six and one-half percent of all such wagers in excess of twenty-five thousand dollars.
(2) When the primary licensee is conducting offtrack wagering at its racing facility, from such commissions, six and one-half percent of all daily wagers made at the facility shall be used for disbursement by the licensee to supplement horsemen's purses in accordance with the provisions of R.S. 4:217.
(3) When daily wagers at the offtrack wagering facility are placed on racing events from more than one host track, the total daily monies designated for horsemen's purses under this Subsection shall be distributed pro rata to each host track based on monies wagered at that offtrack wagering facility on racing events from host tracks on that day.
(4) In addition to the commissions provided for in Paragraphs (1) and (2) of this Subsection, on exotic wagers on two or more horses placed at offtrack facilities, the licensee shall disburse an amount equal to one and one-half percent of the amount so wagered to be used to supplement horsemen's purses in accordance with the provisions of R.S. 4:217.
(5) Notwithstanding the provisions of Paragraphs (1), (2), and (4) of this Subsection, when an offtrack wagering facility has not conducted pari-mutuel wagering at its facility prior to July 1, 1991, and for a twenty-four month period commencing the first day on which pari-mutuel wagering is conducted at that facility, from such commissions, five and one-half percent of all daily wagers made at the facility shall be used for disbursement by the licensee to supplement horsemen's purses in accordance with the provisions of R.S. 4:217. After the twenty-four month period has expired, purse supplements shall be calculated according to the provisions of Paragraphs (1), (2), and (4) of this Subsection.
D. Any fees authorized pursuant to R.S. 4:218 shall be collected from the commissions authorized in this Section.
E. Notwithstanding, and in lieu of, any other provisions of law, historical horse races and wagers thereon shall be subject to the following provisions:
(1) Commissions on wagers on historical horse races made at offtrack wagering facilities shall not exceed twelve percent of all wagers and shall be set by the licensee and approved by the commission. The offtrack wagering facility where the wager is made may either retain the breakage on such wagers or include the breakage in the applicable historical horse racing pari-mutuel pool or pools. Commissions shall be deducted and retained by the licensee of the offtrack wagering facility where the wager is made.
(2) The licensee shall disburse twenty percent of the net commission to supplement horsemen's purses in accordance with the provisions of R.S. 4:217(E).
(3) R.S. 4:149.3, 149.5, 161, 161.1, 161.2, 162, 163.1, 165, 166, 166.1 through 166.7, 167, 177, 183, 218, and 220 shall not apply to historical racing or the licensee with respect to historical racing.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1991, No. 161, §1, eff. Jan. 1, 1992; Acts 1992, No. 391, §1, eff. June 18, 1992; Acts 2021, No. 437, §1, eff. June 21, 2021.
§ 4:217 Purse supplements; designation and distribution
A. Repealed by Acts 1988, No. 794, §2.
B. The balance of the total monies derived from commissions and designated for purse supplements pursuant to R.S. 4:216 shall be distributed as follows:
(1) To the host track, forty-five and forty-five hundredths percent and to the track owned by the licensee(s), forty-five and forty-five hundredths percent.
(2)(a) To the Louisiana Thoroughbred Breeders Association or the Louisiana Quarterhorse Breeders Association. Nine and ten hundredths percent shall be used by these associations to supplement purses for allowance, handicap, and stake races for accredited Louisiana bred horses and to pay breeder awards to breeders of accredited Louisiana bred horses finishing first, second, or third in open races at any track in Louisiana.
(b) Such monies shall be paid to the breed organization representing the breed which ran in the race generating the monies.
(c) Such monies shall be paid quarterly to the appropriate breed organization.
(d) Where monies generated by this Paragraph are available, breeder awards shall be equal, proportional to the money won, to those paid in restricted races.
(e) Up to two hundred thousand dollars per year from the monies available under this Paragraph may be used by each breeders association to supplement purses on Louisiana Champions Day. Such supplements are to be over and above purses and purse supplements as provided elsewhere in this Chapter.
C. All monies generated under this Section shall be distributed within one year from the date generated. Monies generated at a racing facility not operating when the monies are generated shall be used at the next race meeting of the same breed held at that racing facility.
D.(1) Notwithstanding any other provision of law to the contrary, the monies designated for purses under the provisions of R.S. 4:216(C) from wagers placed at offtrack wagering facilities on special accredited Louisiana bred maiden races as defined in R.S. 4:184 shall be accounted for separately and shall be distributed as follows:
(a) Fifteen and ten hundredths percent shall be distributed to the Louisiana Thoroughbred Breeders Association for breeder awards in accordance with a distribution formula established by the executive committee of that organization.
(b) Forty-one and forty-five hundredths percent shall be distributed to the host track for purse supplements for the special accredited Louisiana maiden thoroughbred races held at that track.
(c) Forty-one and forty-five hundredths percent shall be distributed to the tracks owned by the licensee(s) of the offtrack wagering facility where the wagers are made for purse supplements for the special accredited Louisiana bred maiden thoroughbred races held at their respective tracks.
(d) Two percent shall be distributed to the Horsemen's Benevolent and Protective Association for the use and benefit of such persons and other horsemen as medical and hospital benefits with an amount not to exceed thirty percent thereof to be used for administrative expenses and other costs necessary to provide the benefits.
(2)(a) When the amounts designated for purse supplements under this Subsection are in excess of those required to make purses for the special accredited Louisiana-bred maiden thoroughbred races run at a facility equal to purses for other maiden races of equivalent conditions, such excess funds may be used as purse supplements for other Louisiana bred races during the current race meeting at that facility.
(b) However, from all sponsor-added supplements added to special accredited Louisiana-bred maiden thoroughbred races, the breeder's and stallion's award portion shall be first deducted from that supplement and the balance shall constitute the total supplement to that purse.
(3) Monies designated for purse supplements in accordance with this Subsection that are not used during the current race meeting shall be placed in an interest-bearing account and shall remain in that account until the next licensed race meeting held at the appropriate facility. At such time, the funds in that account and the interest earned thereon shall then be used for purse supplements as provided herein. All interest earned on purses and purse supplements in accordance with this Section shall be for only Louisiana bred races.
E. Notwithstanding, and in lieu of, any other provision of law, the monies designated for purses under the provisions of R.S. 4:216(E) from wagers placed at offtrack wagering facilities on historical horse races shall be distributed in the same manner as set forth in R.S. 27:438(B) as in effect at the time of any such distribution, and if R.S. 27:438(B)(2)(a) becomes effective, any such quarter horse purse supplements shall not be included in the calculation of the applicable maximum of one million dollars per state fiscal year and the settlement amount as set forth therein.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1988, No. 188, §1, eff. July 1, 1988; Acts 1988, No. 794, §2; Acts 1990, No. 1013, §1, eff. July 26, 1990; Acts 1992, No. 135, §1, eff. June 5, 1992; Acts 1997, No. 335, §1; Acts 1999, No. 1053, §1; Acts 2001, No. 566, §1; Acts 2021, No. 437, §1, eff. June 21, 2021; Acts 2022, No. 692, §1; Acts 2024, No. 642, §1.
§ 4:218 Fees authorization
A. The commission may collect a license fee not to exceed one and one-half percent of the total amount wagered at each offtrack wagering facility. This fee shall be distributed as follows:
(1) Fourteen percent to the Louisiana Thoroughbred Breeders Association or the Louisiana Quarterhorse Breeders Association for promotion of the appropriate breeding industry and for breeder awards. Distribution shall be in direct proportion to the monies wagered on each breed.
(2) Thirty-three percent to the Louisiana Board of Regents for distribution to public and private institutions of higher education in the state.
(3) Fifty-three percent to the commission to cover administrative costs.
B.(1) The parish governing authority in those parishes where the offtrack wagering facilities are located may impose license fees not to exceed two percent of the total amount wagered at that facility. When a facility is located within the corporation limits of a city, town, or municipality, one-half of the total funds collected pursuant to the provisions of this Subsection shall be disbursed to the governing authority of that city, town, or municipality.
(2) Allocation of funds under this Subsection shall be based on the status of the site of an offtrack wagering facility at the time that facility is licensed by the Louisiana State Racing Commission. Subsequent annexation by a city, town, or municipality shall not affect allocation.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1990, No. 1013, §1, eff. July 26, 1990.
§ 4:218.1 Historical horse racing fee authorization
The commission shall collect a license fee of one and one-half percent of the total amount wagered at each offtrack wagering facility on historical horse racing. The fee shall be allocated as follows:
(1) Sixty-seven percent to the commission.
(2) Eleven and one-half percent to the Louisiana Thoroughbred Breeders Association for promotion of the appropriate breeding industry and for breeder awards.
(3) Five percent to the Louisiana Quarterhorse Breeders Association for promotion of the appropriate breeding industry and for breeder awards.
(4) Eight and one-quarter percent to the parish governing authority where the offtrack wagering facility is located. When a facility is located within the corporation limits of a city, town, or municipality, one-half of the total funds allocated pursuant to the provisions of this Paragraph shall be disbursed to the governing authority of that city, town, or municipality.
(5) Eight and one-quarter percent to the sheriff of the parish where the offtrack wagering facility is located. When a facility is located within the corporation limits of a city, town, or municipality, one-half of the total funds allocated pursuant to the provisions of this Paragraph shall be disbursed to the police department of that city, town, or municipality.
Acts 2022, No. 381, §1; Acts 2023, No. 258, §1, eff. June 12, 2023.
§ 4:219 Uncashed pari-mutuel tickets; limitation of time for presentation; disposition of unclaimed monies
A. All pari-mutuel tickets purchased at offtrack wagering facilities licensed pursuant to this Part evidencing the right to participate in pari-mutuel pools or the right to a refund must be presented for payment within ninety days after the close of the race meeting of the host track. The failure to present such a ticket within the prescribed time shall constitute a waiver of the right to participate in the pari-mutuel pool or the right to a refund. Thereafter, the holder of such ticket shall have no right to enforce payment thereof.
B. The sum held by any licensee for payment of outstanding winning pari-mutuel tickets and for refunding the price of pari-mutuel tickets shall be retained by such licensee for such purpose until the expiration of ninety days after the close of the race meeting of the host track.
C. After such time, any unclaimed monies shall be disposed of as follows. The primary licensee shall retain such sum so that the sum plus that retained under the provisions of R.S. 4:176(B) do not exceed two hundred fifty thousand dollars per race meeting and the remaining unclaimed monies, if any, shall be remitted to the State General Fund with a report. Such monies are due one hundred days after the close of the race meeting of the host track.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1989, No. 587, §1; Acts 1990, No. 556, §1; Acts 1992, No. 391, §1, eff. June 18, 1992.
§ 4:220 Transmission of wagers
All wagers accepted by an offtrack wagering facility shall be transmitted to the host track conducting the race upon which the wager is made, for inclusion in that track's appropriate pari-mutuel pool. Inclusion in such pools is for the purpose of calculating payoffs to bettors and breeders' awards, and the provisions of Part I of this Chapter shall in no way apply.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1989, No. 628, §2.
§ 4:221 Employees; licensing
A. All employees of offtrack wagering facilities who are directly involved in its pari-mutuel operation or supervision thereof shall be licensed pursuant to the rules and regulations promulgated by the commission.
B. All licensees operating offtrack wagering facilities shall employ local residents to the extent that qualified people are available.
C. No license issued under this Section shall be granted for more than one fiscal year, but shall be valid at all offtrack wagering facilities in the state during the period.
D. The commission may grant to, or refuse, suspend, or withdraw the license to, anyone licensed pursuant to this Part and any rules and regulations the commission adopts and upon the payment of a license fee as fixed pursuant to this Part or by the commission. Any license may be revoked by the commission and any person whose license has been revoked shall be ineligible to participate at any offtrack wagering facility or otherwise in racing unless the license shall be returned by the commission with permission to operate thereunder. No license shall be refused to any applicant who is qualified in accordance with the rules and regulations adopted by the commission; and no license shall be revoked without just cause.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1989, No. 628, §2; Acts 1992, No. 281, §1, eff. June 11, 1992.
§ 4:222 Audit by commission
A. The licensee shall deposit fees on a weekly basis in a designated state depository.
B. The commission shall verify licenses, verify that all fees and monies provided for in this Part are deposited on a weekly basis, and supervise, check, and audit the operation of the offtrack pari-mutuel wagering pools, its conduct, and distribution.
Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1990, No. 561, §1, eff. June 30, 1990.
§ 4:223 Production of books, memoranda, or documents; removal of employee; manner of keeping books; witnesses; penalty
A. The commission may:
(1) Compel the production of all books, memoranda, or documents showing the receipts and disbursements of any person licensed to operate an offtrack wagering facility under the provisions of this Part.
(2) At any time require the removal of any employee employed by any licensee in any case where it has reason to believe that the employee has been guilty of any dishonest practice in connection with horse racing, has failed to comply with any condition of the licensee's license, or has violated any rule adopted by the commission.
(3) Require that the books, financial statement, or other statement of any licensee under this Part be kept in a manner provided by the commission.
(4) Visit, investigate, and place auditors and inspectors in the offtrack wagering facility of any such licensee.
(5) Summon witnesses before its meetings, administer oaths to such witnesses, and require testimony on any issue before it.
B. Any person failing to appear before the commission, or failing to produce books, records, and documents ordered, or refusing to testify thereon, shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Acts 1989, No. 628, §2.
§ 4:224 Administrative procedure; review of commission rulings
Except as otherwise provided by this Section, the commission's hearings, practice and procedure, and rule making procedure are as provided in the Administrative Procedure Act. However, in cases made the subject of judicial review, the court may not extend or continue beyond ten days from date of issuance any stay order or temporary restraining order issued by it, except:
(1) upon agreement of counsel for all parties, or
(2) absent such agreement, by order of the court, but only after a contradictory hearing held no later than the tenth day following the issuance of such stay order or temporary restraining order and then only upon a showing by a party that a denial of such extension or continuation would be prejudicial to that party's opportunity to cause the court to affirm, modify, or reverse the decision to be reviewed.
Acts 1989, No. 628, §2.
§ 4:225 Commission authority, fines, suspensions, revocations, forfeitures and disciplinary actions
A. The commission may impose upon any licensee listed in R.S. 4:169 a fine not exceeding ten thousand dollars and may suspend a licensee indefinitely, or both. Any commission action taken herein shall be consistent with the provisions of this Part.
B. The commission may impose on any licensed association as defined in R.S. 4:143(1) a fine not to exceed one hundred thousand dollars per occurrence and may suspend a license indefinitely, or both. Any commission action taken herein shall be consistent with the provisions of this Part.
Acts 1989, No. 628, §2; Acts 2014, No. 731, §1.
§ 4:226 Grounds for denial or termination of license to operate an offtrack wagering facility
A. The commission may refuse, suspend, or withdraw licenses granted by it for just cause.
B. Those things constituting just cause are:
(1) Any action by a licensee contrary to the provisions of this Part or an agreement or plan of operation for an offtrack wagering facility located in a sports book lounge.
(2) Corrupt practice.
(3) Intentional falsification and/or intentional misstatement of a material fact in an application to operate an offtrack wagering facility.
(4) Material false statement to the commission.
(5) Continued failure or inability of the licensee to meet its financial obligations connected with fulfillment of the purposes for which its license was issued.
Acts 1989, No. 628, §2; Acts 2022, No. 530, §1, eff. June 16, 2022.
§ 4:227 License fees, commissions, and taxes of this Part in lieu of all other such taxes
The license fees, commissions, and taxes imposed upon an offtrack wagering facility in this Part are in lieu of all other such licenses, sales, excise, and occupational taxes to the state or to any parish, city, town, municipality, or other political subdivision thereof.
Acts 1990, No. 1013, §1, eff. July 26, 1990.
§ 4:228 Offtrack wagering facility locations; prohibited distances; prohibited structures
A. No license shall be granted to any offtrack wagering facility located, at the time application is made for a license to operate offtrack wagering facilities, within one mile from any property on the National Register of Historic Places, any public playground, any residential property, or a building used primarily as a church, synagogue, public library, or school. The measurement of the distance shall be a straight line from the nearest point of the proposed offtrack wagering facility to the nearest point of the property on the National Register of Historic Places, the public playground, residential property, or a building used primarily as a church, synagogue, public library, or school.
B. After an application is filed with the commission, the subsequent construction, erection, development, or movement of a property identified in Subsection A of this Section which causes the location of an offtrack wagering facility to be within the prohibited distance shall not be cause for denial of an initial or renewal application or revocation of a license.
C. The prohibition in Subsection A of this Section shall not apply to the location of an offtrack wagering facility which applied for a license or was issued a license on or before July 1, 2021, or which applied for or was issued a valid building permit on or before July 1, 2021, and subsequently issued a license. Such location shall be eligible for an offtrack wagering facility license without reference to the prohibition in Subsection A of this Section unless after having obtained a license, an offtrack wagering facility has not been licensed at that location for thirty-six consecutive months and application for licensing is not made within that thirty-six-month period.
D.(1) For locations on which an offtrack wagering facility has not been completely constructed, if application for licensing was made on or before July 1, 2021, the prohibited distance shall be one mile from any property on the National Register of Historic Places, any public playground, residential property, or a building used primarily as a church, synagogue, public library, or school.
(2) The measurement of the distances shall be a straight line from the nearest point of the offtrack wagering facility to the nearest point of the property on the National Register of Historic Places, the public playground, residential property, or a building used primarily as a church, synagogue, public library, or school.
E. If a parish or municipality does not have a zoning ordinance which designates certain property within its jurisdiction as residential property, the governing authority of the parish or municipality shall have the authority to designate to certain areas of its jurisdiction as residential districts for the purpose of this Section.
F.(1) If application for licensing is made after July 1, 2021, the prohibition in Subsection A of this Section shall apply.
(2) Notwithstanding the prohibitions in Subsections A and D of this Section and Paragraph (1) of this Subsection, if the owner of the equity of the primary licensee on July 1, 2021, sold the equity of the primary licensee to a new owner, and the transaction was approved by the commission prior to November 1, 2021, then the primary licensee shall have until August 1, 2022, to apply for licensing of offtrack wagering facility locations and the prohibitions in Subsections A and D of this Section and Paragraph (1) of this Subsection shall not apply to those applications.
G. "Residential property" shall mean any property which is wholly or partly used for or intended to be used for living or sleeping by human occupants and which includes one or more rooms, including a bathroom and complete kitchen facilities. Residential property shall include a mobile home or manufactured housing, if it has been in its present location for at least sixty days. Residential property shall not include any hotel or motel.
H. The provisions of this Section shall not apply to an offtrack wagering facility located in the sports book lounge of a host entity.
Acts 2021, No. 437, §1, eff. June 21, 2021; Acts 2022, No. 92, §1, eff. May 24, 2022; Acts 2022, No. 530, §1, eff. June 16, 2022.
PART III RACING OTHER THAN HORSE RACING
§ 4:241 §§241 to 248 Repealed by Acts 1962, No. 298, §1.
§§241 to 248 Repealed by Acts 1962, No. 298, §1.
§ 4:249 Dog racing prohibited
The business of conducting dog races is prohibited in this state.
Acts 1962, No. 298, §1.
§ 4:250 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
PART IV HORSEMEN'S WORKERS' COMPENSATION INSURANCE PROGRAM
§ 4:251 Horsemen's Workers' Compensation Insurance Program; legislative findings; authority
A. The legislature hereby finds that:
(1) Workers' compensation insurance coverage and related benefits for workers participating in the horse racing industry has become of limited availability and of inordinate expense throughout this nation and in this state.
(2) The limited availability and expensive nature of the cost of workers' compensation insurance coverage and related benefits act as a deterrent to the legislative intent and public policy of this state as set forth in R.S. 4:141.
B. Notwithstanding any other law, the Horsemen's Benevolent and Protective Association, pursuant to R.S. 4:179.1, a statutorily authorized representative of horsemen, is hereby authorized and empowered, in addition to any and all other existing powers it may have, to do the following:
(1) To establish, operate and administer an insurance program for the purpose of providing workers' compensation insurance coverage and related benefits to members of the Horsemen's Benevolent and Protective Association and other persons including and especially owners of race horses, licensed by the Louisiana State Racing Commission.
(2) To administer the insurance program as a part of its corporate activity or to carry out the insurance program through one or more other entities which may include a trust established under the law of Louisiana.
(3) To establish criteria for eligibility of persons participating in the insurance program and to be the sole arbiter of said criteria and eligibility for said participation.
(4) To declare as surplus and to distribute a portion or all of any accumulated funds derived from the insurance program to the persons participating and to be the sole arbiter of what funds to declare as surplus and what funds to distribute. No distribution shall be made until:
(a) Thirty days after the commissioner of insurance has received notice of the declaration thereof and has not within such period disapproved such distribution; and
(b) Thirty days after the owners of winning race horses are fully reimbursed the total net sum of monies that said owners would have received if purses and purse supplements had not been used for the establishment, operation, and administration of the insurance program authorized in this Part.
(5) To contract with one or more insurers authorized to do business in this state for the purpose of implementing the insurance program.
(6) To take such other acts as may be necessary or helpful in establishing, operating and administering the insurance program, including the establishment of premiums which may lower the cost of workers' compensation insurance coverage and related benefits to horsemen and other licensees of the Louisiana State Racing Commission.
C. The insurance program authorized in this Part shall be subject to Part IV of Chapter 7, Chapter 8, and Chapter 12 of Title 22 of the Louisiana Revised Statutes of 1950. An annual audited financial statement shall be filed with the commissioner of insurance by July thirty-first of each year for the immediately preceding year ending December thirty-first. The commissioner of insurance shall also have the authority to examine the books, records, and affairs of the Horsemen's Workers' Compensation Insurance Program.
Acts 2001, No. 492, §1; Acts 2001, No. 1137, §1; Acts 2005, No. 309, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2010, No. 365, §1.
§ 4:251.1 Horsemen's Self-Help Pension Program; legislative findings; authority
A. The legislature hereby finds that:
(1) Trainers and owners of racehorses are horsemen and are essential to the business of horse racing.
(2) The number of trainers of racehorses domiciled in Louisiana is diminishing.
(3) Trainers of racehorses recruit new owners of racehorses.
(4) Additional incentives are needed to encourage more persons to enter the business of training racehorses.
(5) The Horsemen's Benevolent and Protective Association maintains a modest pension program for trainers through the utilization of funds derived from horsemen.
(6) The Horsemen's Benevolent and Protective Association is willing to utilize purses and purse supplements to improve the pension benefits to its trainer members for the purpose of increasing the number of trainers entering the business of horse racing.
(7) The improvement of pension benefits to trainer members of the Horsemen's Benevolent and Protective Association through the utilization of purses and purse supplements for the purpose of increasing incentives to encourage persons to enter the business of training racehorses, and to thereby improve the business of horse racing, is needed through the establishment of a horsemen's self-help program to be known as the Horsemen's Self-Help Pension Program.
(8) The making of a pension program that is self-sustaining by utilizing a portion of the fund is a worthy and helpful goal to be achieved.
B. Notwithstanding any other law to the contrary, the Horsemen's Benevolent and Protective Association, pursuant to R.S. 4:179.1, may perform the following activities:
(1) Of the purses and purse supplements authorized for use by the Horsemen's Benevolent and Protective Association in this Part for the Horsemen's Benevolent and Protective Association's workers compensation insurance program, pursuant to R.S. 4:252(C)(5), the Horsemen's Benevolent and Protective Association may utilize up to one-half of that authorized two percent of the total amount of purses and purse supplements available for purses for any race meet for the improvement and administration of the Horsemen's Self-Help Pension Program without the limitations and conditions established for the Horsemen's Benevolent and Protective Association's workers compensation insurance program but with the limitations expressly established in Paragraphs (2) and (3) of this Subsection for the Horsemen's Self-Help Pension Program.
(2) In utilizing the monies authorized hereby for improving and administering the Horsemen's Self-Help Pension Program, not more than seventy-five percent shall be used to directly improve pension benefits and the remainder shall be placed for investment in the pension program's trust fund for the purpose of helping to ensure the long-term integrity of said pension trust fund and to help provide that the said trust fund becomes self-sustaining.
(3) Notwithstanding any provision of law to the contrary, the total amount of purses and purse supplements that may be used by the Horsemen's Benevolent and Protective Association for the Horsemen's Benevolent and Protective Association's workers compensation insurance program and the Horsemen's Self-Help Pension Program combined may not exceed two percent of the total amount of purses and purse supplements available for purses for any race meet.
(4) If the two percent revenue from purses and purse supplements presently being utilized by the Horsemen's Benevolent and Protective Association's workers compensation insurance program cease or is interrupted for any reason whatsoever, then the authority for the Horsemen's Benevolent and Protective Association to utilize up to one percent of purses and purse supplements for improvement and administration of the Horsemen's Self-Help Pension Program shall continue until such time as the two percent revenue from purses and purse supplements is again utilized by such workers compensation program.
(5) All funds derived from the two percent revenue from purses and purse supplements presently being utilized by the Horsemen's Benevolent and Protective Association for the Horsemen's Self-Help Pension Program and the Horsemen's Benevolent and Protective Association's workers compensation insurance program following August 15, 2008, shall be utilized without the limitations and conditions previously established which are related to limits and repayments of such fund to purses, however, same are specifically limited to no more than two percent of the total amount of purses and purse supplements available for purses for any race meet.
Acts 2008, No. 798, §1.
§ 4:252 Implementation of the insurance program; certificate of coverage
A. The Horsemen's Benevolent and Protective Association is encouraged to immediately and diligently seek to secure and provide workers' compensation insurance coverage and related benefits from an insurance company authorized to do business in this state, for the benefit of trainers and others licensed by the Louisiana State Racing Commission.
B. For the purpose of securing and providing workers' compensation insurance coverage and related benefits at reasonable rates, the Horsemen's Benevolent and Protective Association may utilize assets, revenues and revenue sources received by or due to it for the benefit of horsemen by creating a reserve fund. These assets, revenues and revenue sources may be used or pledged as security for use in creating the fund. However, the total sum of such revenues used shall not exceed six million dollars. Use of monies in and expenditures from the reserve fund shall be solely for the purposes of establishing, operating and administering the insurance program authorized in this Part.
C. At the time that the workers' compensation insurance coverage and related benefits program as authorized in this Part is available through the Horsemen's Benevolent and Protective Association for the benefit of trainers, owners, and others licensed by the Louisiana State Racing Commission, the following conditions shall apply:
(1) In addition to all other requirements for a trainer's license, each applicant for a trainer's license shall furnish to the Louisiana State Racing Commission, prior to being licensed, a certificate of workers' compensation insurance coverage issued by the Horsemen's Benevolent and Protective Association or its authorized insurer indicating the following:
(a) That workers' compensation insurance coverage is in full force and effect for the employees of the applicant; or
(b) That the applicant applied for workers' compensation insurance coverage but was declined for good cause.
(2) If the certificate of workers' compensation insurance coverage indicates that the trainer applied for the coverage under the insurance program authorized in this Part, but was declined for good cause, then that trainer shall provide a certificate of workers' compensation insurance coverage and related benefits from another insurance company authorized to do business in this state or otherwise acceptable to the Louisiana State Racing Commission.
(3) No racing association in this state shall admit any trainer into its racing facilities prior to obtaining from the trainer a certificate of workers' compensation insurance coverage issued by the Horsemen's Benevolent and Protective Association or its authorized insurer. This certificate shall indicate that workers' compensation insurance coverage is in full force and effect for the employees of the trainer. If the certificate of workers' compensation insurance coverage indicates that the trainer applied for coverage under the insurance program authorized in this Part but was declined for good cause, then that trainer shall provide a certificate of workers' compensation insurance coverage and related benefits from another insurance company authorized to do business in this state or otherwise acceptable to the racing association, which acceptance shall not be unreasonably withheld by the racing association.
(4) All racing associations in this state are encouraged to cooperate with the Horsemen's Benevolent and Protective Association in the implementation of the insurance program authorized in this Part. Upon written request by the Horsemen's Benevolent and Protective Association, racing associations shall promptly transfer to the Horsemen's Benevolent and Protective Association those monies, including purses and purse supplements, held by the racing associations for the benefit of the horsemen and the Horsemen's Benevolent and Protective Association. This written request shall indicate that the purposes of the requested transfer are the establishment, operation or administration of the insurance program authorized in this Part.
(5) The total amount of purses and purse supplements authorized for use by the Horsemen's Benevolent and Protective Association for establishment, operation or administration of the insurance program authorized in this Part shall not exceed two percent of the total amount of purses and purse supplements available for purses for any race meet.
Acts 2005, No. 309, §1.
§ 4:253 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:254 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:255 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:256 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:257 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:258 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:259 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:260 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:261 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:262 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:263 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:264 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§ 4:265 Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
PART V HORSE RACING COMPACT
§ 4:275 Interstate Compact on Licensure of Participants in Live Horse Racing with Pari-mutuel Wagering; Louisiana's participation
The Interstate Compact on Licensure of Participants in Live Horse Racing with Pari-mutuel Wagering, the full text of which is set forth and confirmed by the Louisiana Legislature, is hereby entered into on behalf of the state of Louisiana. The compact shall become effective when enacted into law by at least three other states. The full text of said compact is as follows:
INTERSTATE COMPACT ON LICENSURE OF PARTICIPANTS IN LIVE HORSE RACING WITH PARI-MUTUEL WAGERING
ARTICLE I. PURPOSES
§1. Purposes
The purposes of this compact are to:
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Establish uniform requirements among the party states for the licensing of participants in live horse racing with pari-mutuel wagering, and ensure that all such participants who are licensed pursuant to this compact meet a uniform minimum standard of honesty and integrity.
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Facilitate the growth of the horse racing industry in each party state and nationwide by simplifying the process for licensing participants in live racing, and reduce the duplicative and costly process of separate licensing by the regulatory agency in each state that conducts live horse racing and pari-mutuel wagering.
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Authorize the Louisiana State Racing Commission to participate in this compact.
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Provide for participation in this compact by officials of the party states, and permit those officials, through the compact committee established by this compact, to enter into contracts with governmental agencies and nongovernmental persons to carry out the purposes of this compact.
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Establish the compact committee created by this compact as an interstate governmental entity duly authorized to request and receive criminal history record information from the Federal Bureau of Investigation and other state and local law enforcement agencies.
ARTICLE II. DEFINITIONS
§2. Definitions
"Compact committee" means the organization of officials from the party states that is authorized and empowered by this compact to carry out the purposes of this compact.
"Official" means the appointed, elected, designated, or otherwise duly selected member of a racing commission or the equivalent thereof in a party state who represents that party state as a member of the compact committee.
"Participants in live racing" means participants in live horse racing with pari-mutuel wagering in the party states.
"Party state" means each state that has entered this compact.
"State" means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States.
ARTICLE III. ENTRY INTO FORCE, ELIGIBLE PARTIES, AND WITHDRAWAL
§3. Entry into force
This compact shall come into force when enacted by any four states. Thereafter, this compact shall become effective as to any other state upon both (i) that state's enactment of this compact and (ii) the affirmative vote of a majority of the officials on the compact committee as provided in Section 8.
§4. States eligible to join compact
Any state that has adopted or authorized horse racing with pari-mutuel wagering shall be eligible to become party to this compact.
§5. Withdrawal from compact and impact thereof on force and effect of compact
Any party state may withdraw from this compact by enacting a statute repealing this compact, but no such withdrawal shall become effective until the head of the executive branch of the withdrawing state has given notice in writing of such withdrawal to the head of the executive branch of all other party states. If as a result of withdrawals participation in this compact decreases to less than three party states, this compact no longer shall be in force and effect unless and until there are at least three or more party states again participating in this compact.
ARTICLE IV. COMPACT COMMITTEE
§6. Compact committee established
There is hereby created an interstate governmental entity to be known as the "compact committee", which shall be comprised of one official from the racing commission or its equivalent in each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the party state he represents. Pursuant to the laws of his party state, each official shall have the assistance of his state's racing commission or the equivalent thereof in considering issues related to licensing of participants in live racing and in fulfilling his responsibilities as the representative from his state to the compact committee. If an official is unable to perform any duty in connection with the powers and duties of the compact committee, the racing commission or equivalent thereof from his state shall designate another of its members as an alternate who shall serve in his place and represent the party state as its official on the compact committee until that racing commission or equivalent thereof determines that the original representative official is able once again to perform his duties as that party state's representative official on the compact committee. The designation of an alternate shall be communicated by the affected state's racing commission or equivalent thereof to the compact committee as the committee's bylaws may provide.
§7. Powers and duties of compact committee
In order to carry out the purposes of this compact, the compact committee is hereby granted the power and duty to:
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Determine which categories of participants in live racing, including but not limited to owners, trainers, jockeys, grooms, mutuel clerks, racing officials, veterinarians, and farriers, should be licensed by the committee, and establish the requirements for the initial licensure of applicants in each such category, the term of the license for each category, and the requirements for renewal of licenses in each category. However, with regard to requests for criminal history record information on each applicant for a license, and with regard to the effect of a criminal record on the issuance or renewal of a license, the compact committee shall determine for each category of participants in live racing which licensure requirements for that category are, in its judgment, the most restrictive licensure requirements of any party state for that category and shall adopt licensure requirements for that category that are, in its judgment, comparable to those most restrictive requirements.
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Investigate applicants for a license from the compact committee and, as permitted by federal and state law, gather information on such applicants, including criminal history record information from the Federal Bureau of Investigation and relevant state and local law enforcement agencies, and, where appropriate, from the Royal Canadian Mounted Police and law enforcement agencies of other countries, necessary to determine whether a license should be issued under the licensure requirements established by the committee as provided in Paragraph 1 above. Only officials on, and employees of, the compact committee may receive and review such criminal history record information, and those officials and employees may use that information only for the purposes of this compact. No such official or employee may disclose or disseminate such information to any person or entity other than another official on or employee of the compact committee. The fingerprints of each applicant for a license from the compact committee shall be taken by the compact committee, its employees, or its designee and, pursuant to Public Law 92-544 or Public Law 100-413, shall be forwarded to a state identification bureau, or to the Association of Racing Commissioners, International, an association of state officials regulating pari-mutuel wagering designated by the attorney general of the United States, for submission to the Federal Bureau of Investigation for a criminal history record check. Such fingerprints may be submitted on a fingerprint card or by electronic or other means authorized by the Federal Bureau of Investigation or other receiving law enforcement agency.
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Issue licenses to, and renew the licenses of, participants in live racing listed in Paragraph 1 of this Section who are found by the committee to have met the licensure and renewal requirements established by the committee. The compact committee shall not have the power or authority to deny a license. If it determines that an applicant will not be eligible for the issuance or renewal of a compact committee license, the compact committee shall notify the applicant that it will not be able to process his application further. Such notification does not constitute and shall not be considered to be the denial of a license. Any such applicant shall have the right to present additional evidence to, and to be heard by, the compact committee, but the final decision on issuance or renewal of the license shall be made by the compact committee using the requirements established pursuant to Paragraph 1 of this Section.
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Enter into contracts or agreements with governmental agencies and with nongovernmental persons to provide personal services for its activities and such other services as may be necessary to effectuate the purposes of this compact.
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Create, appoint, and abolish those offices, employments, and positions, including an executive director, as it deems necessary for the purposes of this compact, prescribe their powers, duties, and qualifications, hire persons to fill those offices, employments, and positions, and provide for the removal, term, tenure, compensation, fringe benefits, retirement benefits, and other conditions of employment of its officers, employees, and other positions.
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Borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, corporation, or other entity.
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Acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or in other similar manner, in furtherance of the purposes of this compact.
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Charge a fee to each applicant for an initial license or renewal of a license.
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Receive other funds through gifts, grants, and appropriations.
§8. Voting requirements
A. Each official shall be entitled to one vote on the compact committee.
B. All action taken by the compact committee with regard to the addition of party states as provided in Section 3, the licensure of participants in live racing, and the receipt and disbursement of funds shall require a majority vote of the total number of officials or their alternates on the committee. All other action by the compact committee shall require a majority vote of those officials or their alternates present and voting.
C. No action of the compact committee may be taken unless a quorum is present. A majority of the officials or their alternates on the compact committee shall constitute a quorum.
§9. Administration and management
A. The compact committee shall elect annually from among its members a chairman, a vice chairman, and a secretary/treasurer.
B. The compact committee shall adopt bylaws for the conduct of its business by a two-thirds vote of the total number of officials or their alternates on the committee at that time and shall have the power by the same vote to amend and rescind these bylaws. The committee shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendments thereto with the secretary of state or equivalent agency of each of the party states.
C. The compact committee may delegate the day-to-day management and administration of its duties and responsibilities to an executive director and his support staff.
D. Employees of the compact committee shall be considered governmental employees.
§10. Immunity from liability for performances of official responsibilities and duties
No official of a party state or employee of the compact committee shall be held personally liable for any good faith act or omission that occurs during the performance and within the scope of his responsibilities and duties under this compact.
ARTICLE V. RIGHTS AND RESPONSIBILITIES
OF EACH PARTY STATE
§11. Rights and responsibilities of each party state
A. By enacting this compact, each party state:
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Agrees (i) to accept the decisions of the compact committee regarding the issuance of compact committee licenses to participants in live racing pursuant to the committee's licensure requirements, and (ii) to reimburse or otherwise pay the expenses of its official representative on the compact committee or his alternate.
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Agrees not to treat a notification to an applicant by the compact committee under Paragraph 3 of Section 7 that the compact committee will not be able to process his application further as the denial of a license, or to penalize such an applicant in any other way based solely on such a decision by the compact committee.
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Reserves the right (i) to charge a fee for the use of a compact committee license in that state, (ii) to apply its own standards in determining whether, on the facts of a particular case, a compact committee license should be suspended or revoked, (iii) to apply its own standards in determining licensure eligibility, under the laws of that party state, for categories of participants in live racing that the compact committee determines not to license and for individual participants in live racing who do not meet the licensure requirements of the compact committee, and (iv) to establish its own licensure standards for the licensure of nonracing employees at horse racetracks and employees at separate satellite wagering facilities. Any party state that suspends or revokes a compact committee license shall, through its racing commission or the equivalent thereof or otherwise, promptly notify the compact committee of that suspension or revocation.
B. No party state shall be held liable for the debts or other financial obligations incurred by the compact committee.
ARTICLE VI. CONSTRUCTION AND SEVERABILITY
§12. Construction and severability
This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable, and, if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States or of any party state, or the applicability of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If all or some portion of this compact is held to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Acts 2000, 1st Ex. Sess., No. 149, §1.
§ 4:276 Louisiana compact committee official
The governor shall appoint one official to represent Louisiana on the compact committee for a term of four years. No official may serve more than three consecutive terms. A vacancy shall be filled by the governor for the unexpired term.
Acts 2000, 1st Ex. Sess., No. 149, §1.
§ 4:277 Cooperation of departments, agencies, and officers of the state
All departments, agencies, and officers of the state of Louisiana and its political subdivisions are authorized to cooperate with the compact committee in furtherance of any of its activities pursuant to the compact.
Acts 2000, 1st Ex. Sess., No. 149, §1.
§ 4:278 Louisiana State Racing Commission powers preserved
Nothing in this Part shall be construed to diminish or limit the powers and responsibilities of the commission established by this Chapter or to invalidate any action of the commission previously taken, including but not limited to any regulation promulgated.
Acts 2000, 1st Ex. Sess., No. 149, §1.
PART VI LOUISIANA EQUESTRIAN CORPORATION
§ 4:281 Purpose
The Louisiana Legislature recognizes the importance of the equine industry in Louisiana. Racing, breeding, farming, and more all extend the equine industry's significance from Louisiana to the rest of the country. The economic impact of the equine industry is substantial. Whether by direct job creation or investments in owning, training and competing horses, or operating horse farms, the industry creates substantial revenues for the area's economy. That value is multiplied many times when considering the indirect effect of accompanying shopping, lodging, and dining at our various facilities and events. The Louisiana Equestrian Corporation is created to protect the history and culture of the equestrian industry in Louisiana and to develop strategies to expand the reputation, standing, and economic impact of this equestrian community throughout the state of Louisiana.
Acts 2025, No. 512, §1.
§ 4:282 Construction of Part; supplemental and additional nature
This Part shall be deemed to provide a complete, additional, and alternative method for performing functions authorized in this Chapter and shall be regarded as supplemental and additional to powers conferred by other laws.
Acts 2025, No. 512, §1.
§ 4:283 Definitions
As used in this Part, unless the context clearly indicates otherwise, "corporation" means the nonprofit corporation, organized under and pursuant to the Nonprofit Corporation Law, as provided in Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950, authorized to be formed by this Part or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Part. It is further declared that any such corporation shall not constitute an instrumentality of the state, a state agency, board, or commission, or a political subdivision.
Acts 2025, No. 512, §1.
§ 4:284 Functions of corporation
There is hereby authorized the formation and incorporation of a public nonprofit corporation to be known as the "Louisiana Equestrian Corporation". The corporation shall have its principal place of business in an appropriate municipality or parish. The purpose and functions of the corporation shall be as follows:
(1) To promote the rich history, heritage, and culture of equestrian training in Louisiana.
(2) To stimulate the equestrian training heritage of this state.
(3) To encourage economic development resulting from the promotion of equestrian training in this state.
(4) To increase opportunities for employment in this state.
(5) To promote equestrian research in this state.
(6) To encourage development of immovable property for equestrian activities.
(7) To promote cooperation between the public and the private sector with respect to research and development.
(8) To promote and assist institutions of higher education in the development of research, wellness, and medical facilities for equine activities.
(9) To promote and assist the governing authority of the appropriate municipality or parish to encourage research and development, to increase opportunities for employment, and to develop equine facilities in such area.
Acts 2025, No. 512, §1.
§ 4:285 Membership of board of directors; vacancies; compensation; expenses; executive committee
A. The corporation shall be managed by a board of directors consisting of eleven members. The following individuals shall serve on the board of directors:
(1) Four designees of the Horsemen's Benevolent and Protective Association.
(2) The parish president, or his designee, of the following parishes:
(a) Calcasieu Parish.
(b) St. Landry Parish.
(c) Bossier Parish.
(d) Orleans Parish.
(e) St. Tammany Parish.
(3) Two members appointed by the governor representing Louisiana higher education institutions.
B. Board members serving by virtue of their appointive or elected offices shall serve during the time that they are elected or appointed to their respective offices. Initial terms of the elected members designated in Subsection A of this Section shall be three years. Elected members may succeed themselves if reelected.
C. Members of the board of directors shall serve without compensation, but the corporation may reimburse such members, or the institutions which they represent, for necessary expenses incurred in the discharge of their duties if such compensation does not violate any other provision of law to the contrary.
D. Members of the board of directors of the corporation may be removed for just cause, as defined by the board of directors.
E. A majority of the members shall constitute a quorum for the transaction of official business. All official actions of the corporation shall require an affirmative vote of the majority of the members present and voting at any meeting.
F. There shall be elected a chairman, vice chairman, secretary-treasurer, and an executive committee of the board of directors to be composed of not less than three nor more than seven directors, including the chairman of the corporation who shall be an ex officio member thereof.
Acts 2025, No. 512, §1.
§ 4:286 Powers
In addition to the powers granted it by the Nonprofit Corporation Law, as provided in Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950, the corporation shall have the following powers and authorities:
(1) To sue and be sued.
(2) To adopt bylaws and rules for the regulation of its affairs and the conduct of its business.
(3) To maintain an office at its principal place of business as it may designate.
(4) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Part with any federal or state governmental agency, local political subdivision, public or private corporation, lending institution, or other entity or person.
(5) To accept, administer, and expend donations of movable or immovable property from any source and receive, administer, and expend appropriations from the legislature and financial assistance, guarantees, insurance, or subsidies from the federal or state government or a private source.
(6) To acquire, purchase, hold, use, improve, lease, mortgage, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest therein, including without limitation, the planning, designing, developing, and financing of the company projects.
(7) To receive and accept from any agency of the United States, any agency of this state, any municipality, parish, or other political subdivision thereof, or from any individual, association, or corporation; gifts, grants, or donations of monies or other property for achieving any of the purposes of this Part, and to invest and disperse funds of the corporation.
(8) To create, develop, construct, operate, manage, and finance equine facilities, and infrastructure, independently or in cooperation with other private or public entities, including one or more institutions of higher education.
(9) To make and execute contracts with any nonprofit or not-for-profit firm, corporation, or entity for the operation, care, control, and management of the corporation's immovable property and its facilities or to contract with any such entity for any such purposes for any or all of such facilities.
(10) To receive and accept from any source loans, contributions, or grants for or in aid of any purpose of the corporation, or the financing thereof in either money, property, labor, or other things of value.
(11) To borrow money and incur debt to finance any activity of the corporation under this Part and for such purpose to mortgage, pledge, hypothecate, or otherwise encumber the property, real, personal, or mixed, or facilities, or revenues of the corporation as security for notes, evidences of indebtedness, or other obligations of the corporation and to assign or pledge all or any portion of its interest in property, corporeal or incorporeal, and the revenues therefrom.
(12) To make and enter into contracts and to execute all instruments necessary or convenient for the carrying out of business.
(13) To make and enter into cooperative endeavor agreements with the United States, or its agencies, or any agency of this state or any municipality, parish, or other political subdivision thereof or with any public or private association, corporation, or individual.
(14) To delegate authority to any agent or establish any committee in order to accomplish the purposes of the corporation.
(15) The board shall have full authority to delegate to the nonprofit entity its ability or authority to collect any rents, charges, admissions, or fares it may be empowered to collect.
(16) To attract investments in research and development in equine facilities by focusing attention on various educational, cultural, scientific, and economic activities in this state and by assisting potential investors with information requested to determine whether to invest in this state.
(17) To make and enter into cooperative endeavor agreements with the United States, or its agencies, or with any public or private association, corporation, or individual.
(18) To attract investments in research and development of equine facilities and the associated businesses and industries by conducting and focusing attention on various educational, cultural, scientific, and economic activities in the region and the state, assisting potential investors with information requested to determine whether to invest in the region or in the state.
(19) To conduct activities that retain and enhance existing businesses and industries in the region and the state through economic development and that diversify the economy to include equine facilities and its associated businesses and industries.
(20) To conduct activities for any purpose or pursuant to any other authorization set forth in this Part which capitalize on the state's assets, including its natural resources and its people; maximize the benefits of the state's resources by promoting value-added products and a qualified labor force; match the competencies of the labor force with the market demands; and promote the coordination of information between employers, potential employees, and sources of employee training and recruitment to match employer needs and employee skills.
(21) To procure or provide for the procurement of insurance or reinsurance against any loss in connection with its property or operations, including but not limited to insurance, reinsurance, or other guarantees from any federal or state governmental agency or private insurance company for the payment of any bonds issued by the authority, or bonds, notes, or any other obligations or evidences of indebtedness issued by the state or any political subdivision or by any lending institution or other entity or person, or insurance or reinsurance against loss with respect to loans to political subdivisions, including the power to pay premiums on such insurance or reinsurance.
(22) To invest any funds held in reserve or sinking funds, or any monies not required for immediate use or disbursements at the discretion of the corporation in any investments or securities in which monies of the state are authorized to be invested.
(23) To accept any gifts, grants, loans of funds, or financial or other aid in any form from the federal government or instrumentality thereof or from the state or from any other source and to comply, subject to the provisions of this Part, with the terms and conditions thereof.
(24) To appoint an executive director to administer the affairs of the corporation. The executive director shall be appointed and serve at the pleasure of the board of directors.
(25) To purchase movable and immovable property.
(26) To contract with professionals and to pay such professionals for services rendered.
(27) To exercise any and all powers possessed by any political subdivision necessary or convenient to effect the purposes of this Part.
Acts 2025, No. 512, §1.
§ 4:287 Liability of board members
No member of the board of directors of the corporation shall be liable personally for any indebtedness issued by the corporation or be subject to any personal liability or accountability by reason of the issuance thereof.
Acts 2025, No. 512, §1.
§ 4:288 Debt or liability
No evidence of debt issued by the corporation shall be deemed to constitute a debt, liability, or obligation of the state, a state agency, or any political subdivision thereof.
Acts 2025, No. 512, §1.
§ 4:289 Applicability of other laws
Except as otherwise provided in this Section, the corporation shall be subject to the Public Records Law, the Open Meetings Law, and the Code of Governmental Ethics. Until thirty days prior to the date the board of directors is scheduled to consummate a final sale or lease of any immovable property owned by the corporation, the board may meet in executive session to discuss negotiations between the corporation and any prospective vendor or lessee of that property. R.S. 44:31 through 35 shall not apply to any records related to the negotiations of or to the terms of such a sale or lease until thirty days prior to the date the board of directors is scheduled to consummate a final sale or lease. The board shall give written public notice of its intention to consummate a final sale or lease at least thirty days prior to the date on which the board intends to take such action. This notice shall comply with the procedural provisions of R.S. 42:19.
Acts 2025, No. 512, §1.
§ 4:290 Dissolution of corporation
Upon dissolution of the corporation, all of the funds, property, both movable and immovable, and both tangible or intangible, assets, interests, rights, and all other property whatsoever, shall become owned by and shall inure to the benefit of the state.
Acts 2025, No. 512, §1.
CHAPTER 5 CENSORSHIP OF MOTION PICTURES
§ 4:301 §§301 to 307 Repealed by Acts 1968, No. 533, §1.
§§301 to 307 Repealed by Acts 1968, No. 533, §1.
CHAPTER 6 DANCE HALLS
§ 4:361 Municipalities and department of police of New Orleans may place matrons or policewomen in dance halls; duties
All municipalities, the city of New Orleans excepted, and in the city of New Orleans the department of police, may place one or more matrons or policewomen in dance halls that are open to the public or that charge for admission or that charge for the privilege of dancing or charge for the services of food where dancing is conducted. These matrons shall see that no lewd, vulgar, or suggestive dances are held, and that the costumes of persons dancing or performing in those places are proper.
§ 4:362 Ordinance or resolution
Whenever a municipality or the department of police desires to avail itself of this privilege it shall pass an ordinance or resolution fixing the compensation to be paid to the policewomen or matrons who shall be assigned to the dance halls, cabarets, or places where public dances are held.
§ 4:363 Free ingress and egress; payment of charge as compensation
Whenever a municipality or the department of police avails itself of this Chapter and passes an ordinance or resolution in accordance with the provisions of this Chapter, the dance hall proprietors shall permit free ingress and egress without cost or compensation on the part of the police matrons or policewomen, and in addition the owners or operators of the dance halls, cabarets, or places where public dancing is held shall pay the municipality or the department of police the sum fixed in the ordinance or resolution as compensation for the policewomen or matrons.
§ 4:364 Refusal to comply; punishment
Whenever the owner of a dance hall refuses to comply with the provisions of this Chapter, he shall be fined not less than twenty-five dollars nor more than one hundred dollars, and imprisoned for not less than thirty days, for each violation.
CHAPTER 7 ATHLETES AND ATHLETE AGENTS
§ 4:420 Declaration of purpose
A. The legislature hereby recognizes that it is a special privilege afforded to athlete agents and other persons acting in a representative, advisory, or managerial capacity to contact athletes to secure their athletic abilities for professional sports teams, professional sports organizations, or for endorsement or commercial opportunities. The legislature also feels that with that privilege should come certain duties, obligations, and responsibilities. The legislature hereby enacts the laws of this Chapter to regulate those contacts and relationships and to protect young, inexperienced athletes in this state from unscrupulous athlete agents and other persons who would seek to exploit such athletes, or their educational institutions or schools, when entering or seeking to enter into an agent contract, endorsement contract, or professional sport services contract or when obtaining or seeking to obtain employment with a professional sports team, or commercial opportunities.
B. It is the further purpose of the legislature in enacting this Chapter to protect athletes from contacts with and accepting things of value from athlete agents and other persons in a manner so as to cause such athletes to unintentionally lose their eligibility to compete in interscholastic or intercollegiate athletics, or otherwise suffer financial or reputational harm.
C. It is the further purpose of the legislature to protect the educational institutions and schools of this state from unscrupulous athlete agents, athletes, and other persons who would cause such educational institutions or schools to suffer various sanctions, penalties, or other adverse consequences as a result of unlawful activities in connection with athletes participating in sports at such educational institutions and schools.
D. Accordingly, the legislature, in enacting the provisions of this Chapter, hereby creates causes of action, rights, and remedies for such educational institutions or schools and athletes to recover for damages caused to the educational institution, school, or athlete by any person acting in violation of this Chapter. Such causes of action specifically include but are not limited to the cause of action known as tortious interference with an athlete contract, statutory civil remedies, and enforcement actions by the division under applicable unfair trade practices law.
Acts 1999, No. 302, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:421 Definitions
A. As used in this Chapter:
(1) "Agent contract" means any contract or agreement, whether written or oral, under which an athlete authorizes an individual to negotiate or solicit on behalf of the athlete for the employment of the athlete by one or more professional sports teams or organizations.
(2) "Anything of value" means any thing of value. It shall be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and specifically including transportation, telephone and telegraph services, discounts, loans, advances, payments, other services available for hire, or other benefits. It shall be construed in the popular sense of the phrase and not necessarily as synonymous with the traditional legal term "property". It shall specifically include but not be limited to a donation, sale, lease, loan, suretyship, and mortgage.
(3)(a) "Athlete" means a student who is characterized by any of the following:
(i) Is eligible to participate, or will be eligible to participate, in sports contests as a member of a sports team of a school or educational institution which is located in this state or which is a member of a federation or association.
(ii) Participates as a member of such a sports team at a school or educational institution.
(iii) Resides in this state and is eligible to participate, or will be eligible to participate, in interscholastic or intercollegiate sports at any school or educational institution, whether or not located in this state.
(b) "Athlete" shall not mean an individual who has been determined to be permanently ineligible to participate in a particular interscholastic or intercollegiate sport, but only with respect to that sport, or an individual who has completed his last intercollegiate or interscholastic sports contest, including postseason contests, or who has notified in writing the athletic director or head coach of the school or institution at which he is participating that he is renouncing his eligibility to participate on such sports team.
(4)(a) "Athlete agent" means an individual, whether or not registered under this Chapter, who does either of the following:
(i) For compensation or in anticipation of compensation, enters into an agent contract with an athlete or, directly or indirectly, recruits or solicits an athlete to enter into an agent contract.
(ii) An individual who, for compensation or in anticipation of compensation, represents or advises an athlete in connection with an endorsement contract, or endorsement activities, including name, image, and likeness matters.
(b) The term shall not include an individual who performs any of the following activities:
(i) Acts solely on behalf of a professional sports team or professional sports organization.
(ii) Is a licensed, registered, or certified professional and offers or provides services to an athlete customarily provided by members of the profession, unless the individual also performs any of the following activities:
(aa) Recruits or solicits the athlete to enter into an agent contract or endorsement contract.
(bb) Procures, for compensation, employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization.
(cc) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.
(5) "Athlete contract" means any contract or agreement executed by an athlete with an educational institution or school concerning the student's participation in that educational institution's or school's sports contests or athletic activities.
(6) "Certified by the appropriate players association" means that an athlete agent has received approval of his application for certification from the appropriate players association of the professional league for which he is soliciting athletes, has fulfilled all other requirements of the players association, and is in good standing before the players association.
(7) "Contact" means any communication, directly or indirectly, by an athlete agent or by any intermediary with an athlete, or with any third person for the purpose of having that third person communicate with the athlete about the possibility of or formation of any business, financial, or other contractual relationship or agreement, including an agent contract, a professional services contract, a professional sports services contract, or endorsement contract.
(8) "Division" means the public protection division of the Department of Justice.
(9) "Educational institution" means any institution of higher education in this state, including any postsecondary institution, community college, college, institution of higher learning, or university, whether public or private.
(10) "Endorsement activities" means any activity or activities related to advertising or sponsorship in which an athlete, for consideration or other value, uses or permits the use or association of the athlete's name, image, likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.
(11) "Endorsement contract" means an agreement under which an athlete is employed or receives anything of value to permit the use, promotion, or association of the athlete's name, image, and likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.
(12) "Federation or association" means any state or national federation, association, or commission for the promotion and regulation of interscholastic or intercollegiate sports governing athletes and their relationships with athlete agents.
(13) "Intermediaries" or "third person" means any persons other than the athlete agent or the athlete.
(14) "Person" means an individual, estate, company, corporation, business or nonprofit entity association, partnership, or other legal entity.
(15) "Recruit or solicit" means to attempt to influence the choice of an athlete by an athlete agent or, if the athlete is a minor, the athlete's parent or legal guardian, directly or indirectly.
(16) "Registered athlete agent" means an athlete agent registered with the division under the provisions of this Chapter.
(17) "Registration" means registration as an athlete agent under this Chapter.
(18) "School" means any secondary school in this state, including high schools and junior high schools.
B. For purposes of this Chapter, the execution by an athlete of a personal service contract with the owner or prospective owner of a professional sports team for the purpose of future athletic services is equivalent to employment with a professional sports team.
Acts 1987, No. 925, §1; Acts 1990, No. 882, §§1 and 2; Acts 1993, No. 702, §1; Acts 1999, No. 302, §§1, 2; Acts 2001, No. 1094, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:422 Registration of agents
A.(1) An individual shall not act as an athlete agent in this state unless the individual is registered with the division as provided in this Chapter.
(2) An individual who is not registered pursuant to this Chapter may act as an athlete agent in this state for purposes other than entering into an agent contract or endorsement contract if both of the following occur:
(a) The athlete or third person acting on behalf of the athlete initiates communication with the individual.
(b) Not later than seven days after the initial act that requires registration pursuant to this Chapter, the individual submits a completed application for registration to the division.
(3) Any agent contract, or designation of any consideration to or for the athlete agent or any third person in an endorsement contract, resulting from conduct in violation of this Subsection is void and unenforceable, and the athlete agent shall return any consideration received under the contract.
(4) For the purposes of this Chapter, any document required to be filed with the division shall be deemed filed when it is received either physically or electronically in any office designated by the division for the receipt of such documents.
B.(1) An applicant for registration as an athlete agent shall submit an application to the division on a form prescribed by the division. The applicant shall be an individual.
(2) The application shall be signed by the applicant under penalty of perjury and shall include, at a minimum, the following information:
(a) The applicant's full name and date and place of birth.
(b) The applicant's principal place of business and all contact information, including work and mobile telephone numbers and means of electronic communication.
(c) The name and address of each business or employer of the applicant, including the nature and form of the business.
(d) Each social-media account with which the applicant or the applicant's business or employer is affiliated.
(e) The business or occupation engaged in by the applicant during the five years immediately preceding the date of application, including any professional or occupational licenses, registrations, or certifications held during that period.
(f) Whether the applicant is certified or registered by any professional sports league or players association, including the name of the association and the status of the certification.
(g) A description of the applicant's formal training, practical experience, and educational background relating to activities as an athlete agent.
(h) The names and addresses of three references, including any persons, if any, with whom the applicant has dealt in his capacity as an athlete agent or in the practice of his business or profession, not to exceed three such persons.
(i) The names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested as partners, associates, officers, managers, members, profit sharers, or who directly or indirectly hold an ownership or equity interest of five percent or greater in the applicant's operation of the business of the athlete agent.
(j) The names and addresses of all athletes for whom the applicant acted as an athlete agent within the five years preceding the date of this application, including the sport and last-known educational institution or school.
(k) The name and address of the applicant's agent for service of process, including an affidavit accepting such appointment from the applicant's agent for service of process, if not previously filed and on record with the secretary of state.
(l) Whether the applicant, or any person identified in Subparagraph (h) of this Paragraph, has been denied, has suspended, has withdrawn, or has terminated any state or federal professional, occupational, or business license, including any reprimand or censure.
(m) Whether the applicant, or any person identified in Subparagraph (h) of this Paragraph, has been a defendant or respondent in any civil proceeding within the preceding fifteen years, including the nature and disposition of the proceeding.
(n) Whether the applicant, or any person identified in Subparagraph (h) of this Paragraph, has an unsatisfied judgment, or a judgment of continuing effect.
(o) Whether the applicant, or any person identified in Subparagraph (h) of this Paragraph, has been adjudicated bankrupt within the preceding ten years.
(p) Whether there has been any administrative or judicial determination that the applicant, or any person identified in Subparagraph (h) of this Paragraph, made a false, misleading, deceptive, or fraudulent representation.
(q) Each instance in which conduct of the applicant, or any person identified in Subparagraph (h) of this Paragraph, resulted in a sanction, suspension, or declaration of ineligibility imposed on an athlete or an educational institution or school.
(r) Each sanction, suspension, denial, revocation, or refusal to renew any registration as an athlete agent in this or any other state.
(s) Each state in which the applicant is currently registered or has applied to be registered as an athlete agent.
(t) Any additional information required by the division to administer this Chapter.
(u) Proof of completion of training as prescribed by the attorney general.
(3) If the applicant is a corporation, the information required by this Subsection shall be provided by each officer of that corporation. If the applicant is an association or partnership, such information shall be provided by each associate or partner.
C. With respect to agent contracts, the applicant shall be certified by the appropriate player's association. Certification by a player's association shall not be required for registration for an athlete agent engaged only for the purposes of endorsement contracts or endorsement activities pursuant to this Chapter, but any such certification shall be disclosed.
D.(1) An individual registered as an athlete agent in another state may apply for registration in this state by submitting all of the following:
(a) A copy of the application for registration filed in the other state.
(b) A statement signed under penalty of perjury and identifying any material change in the information contained in the application or affirming that no material change has occurred.
(c) A copy of the certificate of registration issued by the other state.
(2) The division may issue a certificate of registration if the division determines all of the following:
(a) The registration requirements of the other state are substantially similar to or more restrictive than those of this Chapter.
(b) The applicant's registration has not been suspended or revoked and no disciplinary action involving the applicant's conduct as an athlete agent is pending in any jurisdiction.
(3) The division may cooperate with other states and national organizations to develop common registration standards and to exchange information relating to disciplinary actions.
E. The registration or renewal of registration is valid for two years. Renewal of the registration may be made by the filing of an application for renewal.
F. All funds received from the payment of the registration fees imposed and collected pursuant to the provisions of this Section shall be deposited into the Department of Justice Legal Support Fund pursuant to R.S. 49:259.
G. To produce sufficient revenue to offset the expenses incurred by the division in administering this Chapter, an application for registration or renewal of registration of an athlete agent pursuant to this Chapter shall be accompanied by the appropriate registration fee as follows:
(1) One thousand dollars for an initial application for registration.
(2) Five hundred dollars for a registration based on a certificate of registration issued by another state.
(3) One thousand dollars for renewal of a registration.
(4) Five hundred dollars for renewal of registration based on a certificate of registration issued by another state.
H. The attorney general shall prescribe training for all applicants for registration as an athlete agent.
I.(1) As a condition of registration, each applicant shall consent to and submit to a background check conducted by or on behalf of the division.
(2) The applicant shall bear the cost of the background check.
(3) Failure to consent to or cooperate with the background check shall result in denial of the application.
Acts 1987, No. 925, §1; Acts 1988, No. 537, §1; Acts 1990, No. 882, §1; Acts 1999, No. 302, §§1, 2; Acts 1999, No. 342, §2; Acts 2001, No. 1094, §1; Acts 2004, No. 351, §1; Acts 2026, No. 883, §1, 2; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:422.1 Denial of registration; refusal to renew; revocation or suspension; notification; hearing
A. The division may refuse to issue or renew a certificate of registration to an applicant for registration if the division determines that the applicant fails to comply with any requirement of this Chapter, or the rules the division adopts, including but not limited to submitting an incomplete application or failing to provide any information, document, or fee required by R.S. 4:422.
B. The division may refuse to issue or renew or may suspend or revoke a certificate of registration if the division determines the applicant has engaged in conduct that has a significantly adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the division may consider whether the applicant:
(1) Has engaged in conduct which violates or causes an athlete to violate any rule or regulation promulgated by any federation or association.
(2) Has violated any provision of this Chapter or rules adopted pursuant to this Chapter.
(3) Has been denied certification by any professional players association.
(4) Has had a registration as an athlete agent denied, suspended, revoked, or refused renewal in this or any other state.
(5) Has engaged in conduct which has caused an educational institution or school to be investigated by or sanctioned by any federation or association.
(6) Has engaged in conduct that adversely reflects on the individual's credibility, honesty, or integrity.
C. The division shall refuse to issue or renew or shall suspend or revoke a certificate of registration if the division determines the applicant has ever engaged in either of the following:
(1) Pleaded guilty or no contest to, or has been convicted of fraud, embezzlement, a felonious theft, any crime involving moral turpitude, or any other crime involving a misappropriation of funds, which could render him unfit in a fiduciary capacity.
(2) Made false or misleading, deceptive, or fraudulent statements of a material nature in his application for registration or renewal, or in his conduct as an athlete agent.
D. The division may, pursuant to an adjudicatory hearing or district court proceeding, suspend or revoke a registration upon proof that an athlete agent has engaged in any of the activities enumerated in Subsection B of this Section or for a violation of this Chapter or any rule adopted pursuant to this Chapter.
E. Prior to a denial, refusal to renew, suspension, or revocation of registration, the division shall notify the applicant or athlete agent of the reasons for denial, refusal to renew, suspension, or revocation and of the date of the hearing. All adjudicatory hearings shall be held in accordance with the Administrative Procedure Act.
F. The division may issue a temporary certificate of registration while an application for registration or renewal is pending.
Acts 1999, No. 302, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:423 Agent's contract; schedule of fees; maximum fee; notification; penalty
A. Any agent contract to be used by a registered athlete agent with an athlete shall be filed with the division.
B.(1) The following provision shall be printed on a separate document, which shall be attached to the agent contract and signed by the athlete and shall be considered an addendum to the contract, in at least ten-point type that is bold-faced, capitalized, underlined, or otherwise made to be conspicuous:
"Notice to Client
(a) This athlete agent is registered with the public protection division of the Department of Justice. Registration does not imply approval or endorsement by the division of the specific terms and conditions of this contract or the competence of the athlete agent.
(b) When you sign this contract, you will likely immediately lose your eligibility to compete in intercollegiate athletics. Your agent (who is an athlete agent) must give written notice that you have entered into this contract to the athletic director and the head coach of your institution or school within seventy-two hours after entering into this contract or prior to participating in intercollegiate athletics, whichever comes first. Failure by the athlete agent to provide this notice is a criminal offense.
(c) Do not sign this contract until you have read it or if it contains blank spaces.
(d) If you decide that you do not wish to purchase the services of the athlete agent, you may rescind this contract by notifying the athlete agent in writing of your desire to rescind the contract not later than the sixteenth day after the date on which this contract is filed with the division. However, even if you rescind this contract, the federation or association of which your institution of higher education or school is a member may not restore your eligibility to participate in intercollegiate athletics.
(e) IF YOU BELIEVE YOU HAVE BEEN UNLAWFULLY INDUCED INTO SIGNING THIS CONTRACT, YOU CAN CONTACT YOUR ATHLETIC DIRECTOR OR HEAD COACH WHO CAN ASSIST YOU TO HAVE THIS CONTRACT DECLARED VOID AND UNENFORCEABLE."
(2) Subparagraph (1)(e) of this Subsection shall be included with all letters capitalized and in a bold-faced type in a font the same size or larger than surrounding text.
C. A written contract between an athlete and an athlete agent must state the fees and percentages to be paid by the athlete to the agent.
D. A registered athlete agent shall file with the division a schedule of fees that the agent may charge to and collect from an athlete and shall file a description of the various professional services to be rendered in return for each fee. The athlete agent may impose charges only in accordance with the fee schedule. Changes in the fee schedule may be made from time to time, but a change shall not become effective until the seventh day after the date the change is filed with the division.
E. If a multiyear professional sport services contract is negotiated by a registered athlete agent for an athlete, the athlete agent shall not collect in any twelve-month period for the services of the agent in negotiating the contract, a fee that exceeds the amount the athlete will receive under the contract in that twelve-month period.
F.(1) A registered athlete agent shall file with the division a copy of an agent contract made with an athlete who has never before signed a contract of employment with a professional sports team.
(2)(a) If the athlete is a full-time student at an institution of higher education located in this state, the athlete agent and the athlete shall provide written notice of the contract to and shall file the contract with the athletic director or the president of the institution. The athlete agent and the athlete must give notice before the contracting athlete practices or participates in any intercollegiate athletic event or within seventy-two hours after entering into said contract, whichever comes first.
(b) Failure of the athlete agent to provide this notification, which is declared a misdemeanor, shall be punishable by a fine of not more than ten thousand dollars, or imprisonment for not more than one year, or both.
(3) An agent contract is not effective until the sixteenth day after the date of execution of the agent contract. The athlete has the right to rescind the agent contract any time prior to the sixteenth day after the date of execution. In the event of recision by the athlete pursuant to this Section, the agent contract shall be void for all purposes as if never executed.
G.(1) A postdated agent contract is void and unenforceable.
(2) An athlete agent shall not enter into an agent contract that purports to or takes effect at a future time after the athlete no longer has remaining eligibility to participate in intercollegiate athletics. Such contract is void and unenforceable.
(3) An agent contract between an athlete and a person not registered under this Chapter is void and unenforceable.
(4) Any agent contract executed by an athlete with an athlete agent who has failed to comply with the notification and disclosure requirements of this Section and R.S. 4:424 is void and unenforceable.
H. In the event the athlete agent fails to make notification of the contract to the athletic director and to the head coach of the institution or school, as indicated by Subparagraph (B)(1)(b) of this Section, the recision period shall not begin until such notice is made.
I. In the event the athlete agent provides the athlete consideration or anything of value prior to the execution of the agent contract, the agent contract is void and unenforceable.
Acts 1987, No. 925, §1; Acts 1990, No. 882, §1; Acts 1999, No. 302, §1; Acts 2001, No. 1094, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:423.1 Additional required disclosures for endorsement contracts; rules
A. This Section governs the relationship between an athlete and an athlete agent when the athlete agent represents or advises the athlete in connection with an endorsement contract or endorsement activity, including name, image, and likeness matters.
B.(1) When an athlete agent represents or advises an athlete in connection with an endorsement contract or endorsement activity, the athlete agent shall, prior to or at the time of undertaking such representation, execute with the athlete a written endorsement representation disclosure. The endorsement representation disclosure shall be signed by both the athlete agent and the athlete and shall constitute the governing instrument of the agent-athlete relationship for the endorsement contract and endorsement activity representation under this Chapter.
(2) An endorsement representation disclosure shall contain, at a minimum, all of the following:
(a) A statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the athlete agent is registered.
(b) The amount and method of calculating the consideration or fee to be paid by or on behalf of the athlete to the athlete agent in connection with any endorsement contract or endorsement activity, and any other consideration or fee the athlete agent has received or will receive from any source.
(c) The name and a description of the compensation of any third person who will be compensated in connection with any endorsement contract or endorsement activity in which the athlete participates.
(d) A description of any expenses the athlete agrees to reimburse to the athlete agent.
(e) A description and scope of the services to be provided by the athlete agent to the athlete.
(f) The duration of the endorsement representation disclosure.
(g) The date of execution of the endorsement representation disclosure.
C. The endorsement representation disclosure shall be retained by both the athlete agent and the athlete. The endorsement representation disclosure shall not be required to be filed with the division but shall be produced to the division upon request or subpoena.
D. If an athlete agent fails to execute an endorsement representation disclosure as required by this Section, the athlete agent shall forfeit any right to compensation in connection with any endorsement contract or endorsement activity undertaken by the athlete.
E. The division may adopt rules, in accordance with the Administrative Procedure Act, prescribing any of the following:
(1) The form and format of the endorsement representation disclosure required by Subsection B of this Section.
(2) Additional disclosures required to protect athletes, educational institutions and schools, and the public, including any risks to eligibility or institutional compliance.
(3) Required statements, acknowledgments, and warnings.
(4) Any other rule necessary to carry out the purposes of this Chapter.
F.(1) An athlete agent who represents an athlete in connection with an endorsement contract for compensation for the use of the athlete's name, image, and likeness, shall ensure that the athlete discloses the endorsement contract to the educational institution or school pursuant to R.S. 17:3701 et seq.
(2) An athlete agent shall not represent an athlete in connection with any endorsement contract or endorsement activity that the athlete agent knows or reasonably should know would cause the athlete to lose eligibility.
G. An endorsement contract or endorsement activity related to an athlete's name, image, and likeness matter; the athlete agent; and any athlete with whom the athlete agent engages, shall comply with all applicable requirements of R.S. 17:3701 et seq., and any rule adopted by the division pursuant to this Section.
Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:424 Prohibited activities; duties, obligations, and responsibilities
A. An athlete agent shall not:
(1) Sell, transfer, or give away any interest in or the right to participate in the profits of the athlete agent without the prior written disclosure to the division and the written consent of the athlete.
(2) Publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement.
(3) Advertise by means of cards, circulars, or signs, or in newspapers and other publications, or use letterheads, receipts, or blanks unless the advertisement, letterhead, receipt, or blank is printed and contains the registered name and address of the athlete agent.
(4) Intentionally give any false information or intentionally make any false promises or representations to any athlete or the athlete's parents, legal guardians, or other advisors or fail to disclose that he is employed by, or acting on behalf of, someone else.
(5) Divide fees with or receive compensation from a professional sports league or franchise, or its representative or employee.
(6) Enter into any agreement, written or oral, with or offer anything of value to any employee of an educational institution or school located in this state in return for that employee's inducement of any athlete to enter into an agreement for representation of the athlete.
(7) Offer anything of value to the athlete or any other person to induce an athlete to enter into an agreement, written or oral, for representation of the athlete agent contract, or endorsement contract.
(8) Postdate agent contracts or endorsement representation disclosures.
(9) Contact an athlete in a manner so as to violate the rules of the federation or association of which that school or educational institution where the athlete is participating in sports contests is a member, to discuss the athlete agent's representation of the athlete in the marketing of the athlete's athletic ability or reputation, or endorsement activities.
(10) Make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for consideration or expenses.
B. An athlete agent owes all of the following duties to an athlete:
(1) A duty to disclose to the athlete any risk of loss of eligibility.
(2) A duty to explain to the athlete all foreseeable consequences of any agent contracts or endorsement contracts, including agreements relating to name, image, and likeness activities where applicable.
(3) A duty to refrain from any contacts with an athlete until having complied with notification requirements to the division as provided in R.S. 4:422(A)(2).
(4) A duty to deal directly and without the use of intermediaries or any third person with any athlete.
(5) A duty to not provide an athlete with anything of value prior to the execution of an agent contract or endorsement contract, except as otherwise expressly permitted by this Chapter.
(6) A duty to refrain from any conduct which would cause the athlete to violate any rule of the federation or association of which the educational institution or school where the athlete is participating in sports contests is a member.
(7) A duty to comply with federal law, including but not limited to the Sports Agent Responsibility and Trust Act, 15 U.S.C. 7801 et seq.
C. An athlete agent owes all of the following duties to an educational institution or school:
(1) A duty to comply with notification requirements to the athletic director of the institution or school the athlete attends and to the head coach of the sport in which the athlete competes, with respect to agent contracts only.
(2) A duty to refrain from any conduct which would cause the educational institution or school to violate the rules of the federation or association of which the educational institution or school where the athlete is participating in sports contests is a member.
(3) A duty to notify the athletic director of the institution or school that the athlete attends and the head coach of the sport in which the athlete competes seven days in advance of any contact with an athlete of an intent by the agent to contact the athlete for purposes of representation, with respect to agent contracts only.
(4) A duty to notify the athletic director of the educational institution or school that the athlete attends and the head coach of the sport in which the athlete competes by way of written notice of the execution of an agent contract which must be given before any subsequent participation by the athlete in the educational institution or school athletics program and not later than seventy-two hours after execution of an agent contract.
D. Until such time as the athlete agent complies with the notification provided in Subsection C of this Section, this Chapter shall prohibit or limit an athlete agent from sending to an athlete any written materials relating to the professional credentials of the agent or to specific services offered by the agent relating to the representation of an athlete and agent contracts. Similarly, until such time as the athlete agent complies with the notification provided in Subsection C of this Section, this Chapter shall prohibit an athlete agent from any contact with the athlete or any third person, regardless of who attempts to initiate such contact.
E. With respect to endorsement contracts or endorsement activities related to an athlete's name, image, and likeness matters, the athlete agent, and any athlete with whom the athlete agent engages with, shall comply with all applicable requirements of R.S. 17:3701 et seq., and any rules adopted by the division under R.S. 4:423.1.
F. A determination by the attorney general that a particular agent or agency fee is unreasonable may be subject to judicial review by the Nineteenth Judicial District Court based on the record only and based on an abuse of discretion standard.
Acts 1987, No. 925, §1; Acts 1990, No. 882, §1; Acts 1993, No. 702, §1; Acts 1999, No. 302, §1; Acts 2001, No. 1094, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:425 Repealed by Acts 2026, No. 895, §2, eff. June 2, 2026.
Repealed by Acts 2026, No. 895, §2, eff. June 2, 2026.
§ 4:426 Violations; penalties
A. An athlete agent who violates the provisions of this Chapter is subject, pursuant to an adjudicatory hearing or district court proceeding, to:
(1) Forfeiture of any right of repayment of anything of value either received by an athlete as an inducement to enter into any agent contract or received for any other reason.
(2) Payment of a refund of any consideration paid to the athlete agent on an athlete's behalf.
(3) Payment of reasonable attorney fees and court costs incurred by an athlete in suing an athlete agent for violation of this Chapter.
B. Upon a finding that an athlete agent has violated a provision of this Chapter, as determined from admissions of the athlete agent freely and voluntarily made or as the result of an adjudicatory hearing, the administrative law judge may assess a fine against an athlete agent not to exceed one hundred thousand dollars for a violation of this Chapter.
C. All monies received from the payment of the fines imposed and collected pursuant to the provisions of this Section shall be deposited into the Department of Justice Legal Support Fund pursuant to R.S. 49:259.
D. Any person commits an offense if he intentionally or knowingly either files a false sworn complaint, application, or gives false sworn testimony to any person concerning activities covered by this Chapter. This offense, upon conviction, shall be punishable by a fine of not more than one thousand dollars or by imprisonment of not more than six months, or both.
E. Any athlete agent who fails to register as required by R.S. 4:422 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment of not more than six months, or both.
F. Any athlete agent who violates any other duty, obligation, or responsibility prescribed by R.S. 4:424 or engages in conduct prohibited by that Section, shall, upon conviction, be guilty of a felony punishable by a fine of no less than one thousand dollars and not more than ten thousand dollars or by imprisonment with or without hard labor for up to five years, or both.
G. Any athlete agent who fails to comply with the filing and notice requirements of R.S. 4:423 shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment of not more than six months, or both.
Acts 1987, No. 925, §1; Acts 1990, No. 882, §1; Acts 1999, No. 302, §1; Acts 2001, No. 1094, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:427 Records to be kept; penalties
A. An athlete agent shall keep records of travel, entertainment, and other expenses incurred by the athlete agent which adequately describe the:
(1) Nature of the expenditure.
(2) Dollar amount of the expenditure.
(3) Purpose of the expenditure.
(4) Date and place of the expenditure.
(5) Person or persons in whose behalf the expenditure was made.
(6) Records documenting all notifications made to athletic directors or head coaches concerning intended contact with athletes.
(7) Written notification received from athletic directors and head coaches indicating contacts with athletes may proceed.
(8) Copies of all agent contracts and endorsement contracts entered into with athletes.
B. The records required to be kept by this Section shall be retained for not less than five years by the athlete agent.
C.(1) The records provided for in this Section shall be subject to subpoena in case of a criminal investigation of the activities of the athlete agent.
(2) The records provided for in this Section shall be disclosed pursuant to a court order obtained by an athlete who is named in the record, an institution of higher education that is located in this state which is named in the record, and the athletic conference of which the institution is a member, or the federation or association of which the school or institution is a member. Any such disclosure shall be made only to the extent necessary to determine or establish that a violation of this Chapter has occurred.
D. Any person found to be in violation of the recordkeeping requirements of this Section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment for not more than six months, or both.
Acts 1987, No. 925, §1; Acts 1999, No. 302, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:428 Implementing rules and regulations
The division may adopt rules in accordance with the Administrative Procedure Act necessary to carry out the provisions of this Chapter.
Acts 1987, No. 925, §1; Acts 1999, No. 302, §1.
§ 4:429 Time for registration and compliance with Chapter
An athlete agent is not required to be registered and is not required to comply with this Chapter until October 1, 1987.
Acts 1987, No. 925, §1.
§ 4:430 Repealed by Acts 2026, No. 895, §2, eff. June 9, 2026.
Repealed by Acts 2026, No. 895, §2, eff. June 9, 2026.
§ 4:431 Enforcement
A.(1) The division may, to the extent practicable, maintain a record or database of registered athlete agents.
(2) The division may require registered agents to report annually, or upon request, the names of athletes for whom they have provided such services in the preceding year, including the sport and last-known educational institution or school, to facilitate compliance monitoring and enforcement under this Chapter and R.S. 17:3701 et seq.
B. In the event that the agents retained by the athletes are not registered in this state, the division may contact the district attorney where the athlete's school or educational institution is located. The district attorney's office may take appropriate measures to investigate and prosecute any unregistered athlete agents operating in this state.
C. The division may inform in writing the appropriate players association of any unregistered athlete agent operating in this state.
Acts 1999, No. 302, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:432 Liability for loss of eligibility
A. If an athlete loses his eligibility to participate in sports sanctioned by the federation or association of which the school or educational institution is a member, or if the school or educational institution is investigated or sanctioned by such federation or association as a result of any violation of the rules of the federation or association of which the school or educational institution is a member, the school or educational institution that such athlete attended shall have a cause of action, specifically including but not limited to an action of tortious interference with a contract, against such athlete, the athlete agent of such athlete, and any other parties connected with the violation.
B. The prevailing party under a cause of action arising under Subsection A of this Section shall also have a right to collect reasonable attorney fees and court costs in addition to any other damages.
Acts 1999, No. 302, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:432.1 Civil remedies
A. An athlete may bring a civil action against an athlete agent for damages if the athlete is adversely affected by an act or omission of the athlete agent in violation of this Chapter. An athlete is adversely affected if, because of the act or omission, the athlete is harmed by either of the following:
(1) Loses eligibility or is suspended or disqualified from participation in interscholastic or intercollegiate athletics.
(2) Suffers financial or reputational harm.
B. In an action brought under this Section, the court may award actual damages, court costs, and reasonable attorney fees. An athlete agent found liable under this Section forfeits any right to compensation and shall refund any consideration paid to the athlete agent.
Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:433 Unlawful payments; penalties
A. Notwithstanding any other provision of this Chapter to the contrary, it shall be unlawful for any person to make or offer a monetary payment, or anything of value to an athlete or any other person where such offer does any one or both of the following:
(1) Causes or is intended to cause the athlete to be penalized or to lose his eligibility to participate in sports sanctioned by the federation or association of which the school or institution is a member.
(2) Causes or is intended to cause the educational institution or school which the athlete attended or was being recruited to participate in sports contests to be investigated or placed on probation, penalized, or otherwise sanctioned by the federation or association of which the school or institution is a member.
B. The athlete and the educational institution or school shall each have an independent cause of action, specifically including but not limited to a cause of action for tortious interference with an athlete contract against such person for damages, reasonable attorney fees, and court costs.
C. Any person found to be in violation of the provisions of this Section shall, upon conviction, be guilty of a felony punishable by a fine of not more than ten thousand dollars or imprisonment, with or without hard labor, for not more than five years, or both.
Acts 1999, No. 302, §1; Acts 2001, No. 1094, §§1 and 2; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:434 Unfair or deceptive acts or practices; investigations and actions by the attorney general; private actions
A. A violation of this Chapter constitutes an unfair or deceptive act or practice in trade or commerce for purposes of the Louisiana Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq., and shall subject the violator to all actions, remedies, and penalties therein, including investigations and actions by the attorney general and private actions.
B. The remedies and penalties provided by this Section are cumulative and in addition to any other civil, administrative, or criminal remedies or penalties provided by this Chapter or available under other laws of this state.
Acts 2026, No. 895, §1, eff. June 9, 2026.
§ 4:435 Requirement to register
An athlete agent operating on or before June 9, 2026, shall be registered pursuant to the provisions of this Chapter no later than August 1, 2026. Any athlete agent who fails to register by August 1, 2026, shall immediately cease all activity as an athlete agent in this state until such registration is complete.
Acts 2026, No. 895, §1, eff. June 9, 2026.
CHAPTER 7-A FAIRNESS IN WOMENS SPORTS ACT
§ 4:441 Short title
This Chapter shall be known as and may be cited as the "Fairness in Womens Sports Act".
Acts 2022, No. 283, §1.
§ 4:442 Legislative findings
The legislature finds and declares that:
(1) Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., was designed to ensure that women are free from discrimination on the basis of sex in both education and athletics so that women would be afforded the opportunity to compete for athletic scholarships and to potentially launch their own athletic careers after they have completed their education.
(2) The United States Supreme Court has recognized that there are "'[i]nherent differences' between men and women", and that these differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity" in United States v. Virginia, et al. , 518 U.S. 515, 533 (1996).
(3) Inherent differences between men and women range from chromosomal and hormonal differences to physiological differences resulting in men generally having denser and stronger bones, tendons, and ligaments, larger hearts, greater lung volume per body mass, a higher red blood cell count, and higher hemoglobin as well as higher natural levels of testosterone, which affects traits such as hemoglobin levels, body fat content, the storage and use of carbohydrates, and the development of Type II muscle fibers, all of which result in men generally being able to generate higher speed and power during physical activity.
(4) The biological differences between females and males, especially as they relate to natural levels of testosterone, explain the male and female secondary sex characteristics which develop during puberty and have lifelong effects, including those most important for success in sports; categorically, they are strength, speed, and endurance generally found in greater degrees in biological males than biological females.
(5) While classifications based on sex are generally disfavored, the United States Supreme Court has recognized that sex classifications may be used to compensate women "for particular economic disabilities [they have] suffered," (see Califano v. Webster , 430 U.S. 313, 320 (1977)(per curiam)), to promote equal employment opportunity and "to guarantee women the basic right to participate fully and equally," (see California Fed. Sav. & Loan Assn. v. Guerra , 479 U.S. 272, 289 (1987)), and "to advance full development of the talent and capacities of our Nation's people." (see United States v. Virginia, et al ., supra, 518 U.S. 515, 533 (1996)).
(6) In furtherance of the goals set forth in United States v. Virginia, et al. , 518 U.S. at 533, one area where sex classifications should allow for the "full development of the talent and capacities of our Nation's people" is in the area of sports and athletics.
(7) A recent study of female and male Olympic performances found that, although athletes from both sexes improved over the time span, the athletic sex performance gap between female and male performances remained stable. These studies suggest that women's performances at a high level will never match those of men. The evidence is unequivocal that, starting in puberty, in every sport except sailing, shooting, and riding, there will always be significant numbers of boys and men who would prevail over the best girls and women in head-to-head competition. Claims to the contrary are simply a denial of science.
(8) Scientific studies have established that the benefits that natural testosterone provides to male athletes is not diminished through the use of testosterone suppression. A recent study on the impact of such treatments found that, even after twelve months of testosterone suppression, the "superior anthropometric, muscle mass, and strength parameters achieved by males at puberty, and underpinning a considerable portion of the male performance advantage over females, are not removed".
(9) Having separate sex-specific teams furthers efforts to promote sex equality. Sex-specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition, accolades, scholarships, better physical and mental health, and the numerous other long-term benefits that flow from success in athletic endeavors.
Acts 2022, No. 283, §1.
§ 4:443 Definitions
In this Chapter, unless otherwise indicated, the following definitions shall apply:
(1) "Biological sex" means a statement of a student's biological sex on the student's official birth certificate which is entered at or near the time of the student's birth.
(2) "Postsecondary education board member" means a person who serves as a board member or officer of a postsecondary education management board.
(3) "Postsecondary education management board" means a board which governs postsecondary educational institutions pursuant to R.S. 17:3351.
(4) "School board" means a school board or school governing authority subject to the provisions of R.S. 17:81 or any nonpublic school governing authority.
(5) "School board member" means a person who serves as a board member or officer for a school board or school governing authority subject to the provisions of R.S. 17:81 or for any nonpublic school governing authority.
(6) "School coach" means a person who is a coach or assistant coach, whether paid or on a volunteer basis, of a school intercollegiate or interscholastic athletic team or sporting event.
(7) "School employee" means a person who is employed by a school, a school board, a postsecondary education management board, or any postsecondary institution under the authority of a postsecondary education management board.
(8) "Schools" means all of the following:
(a) A public elementary or secondary school.
(b) A nonpublic elementary or secondary school that receives state funds.
(c) A public postsecondary educational institution.
(d) A nonpublic postsecondary educational institution that receives state funds.
Acts 2022, No. 283, §1.
§ 4:444 Designation of athletic teams
A. Each intercollegiate or interscholastic athletic team or sporting event that is sponsored by a school and that receives state funding shall be expressly designated, based upon biological sex, as only one of the following:
(1) Except as provided in Subsection C of this Section, a male, boys, or mens team or event shall be for those students who are biological males.
(2) A female, girls, or womens team or event shall be for those students who are biological females.
(3) A coeducational or mixed team or event shall be open for participation by biological females and biological males.
B. Athletic teams or sporting events designated for females, girls, or women shall not be open to students who are not biologically female.
C. Nothing in this Chapter shall be construed to restrict the eligibility of any student to participate in any intercollegiate or interscholastic athletic team or sport designated as "male", "mens", or "boys", or designated as "coed" or "mixed".
D. Nothing in this Chapter is intended to prevent any school from implementing or maintaining a coeducational or mixed athletic team or sporting event which is open to both biological males and biological females so long as a female, girls, or womens athletic team or sporting event is not disbanded for the purpose of creating a coeducational or mixed team or event which would thereby result to the detriment of students of the female biological sex.
E. Nothing in this Chapter shall be construed to apply to an intramural athletic team or intramural sport.
Acts 2022, No. 283, §1.
§ 4:445 Protection of educational institutions; limitation on liability
A. No government entity, licensing or accrediting organization, or athletic association shall entertain a complaint, open an investigation, or take any other adverse action against a school, school board, or postsecondary education management board for maintaining a separate intercollegiate or interscholastic athletic team or athletic event reserved for students of the female biological sex.
B. No cause of action may be maintained against any school, school coach, school employee, school board, school board employee, school board member, postsecondary education board, or postsecondary education board member who prohibits a biological male from participating in a female, girls, or womens athletic team or sporting event pursuant to the requirements of this Chapter.
Acts 2022, No. 283, §1.
§ 4:446 Remedies; cause of action
A. A biological female student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this Chapter may assert that violation as a cause of action for remedies provided for in Subsection E of this Section. Requiring a biological female to compete against a biological male on a team that is designated as a "female", "girls", or "womens" team is inherently discriminatory to biological females and is a cognizable harm to biological females under this Chapter.
B. A biological female student who is subjected to retaliation or other adverse action by a school, athletic association, or other organization as a result of reporting a violation of this Chapter to an employee or representative of the school, athletic association, or to any local, state, or federal agency with oversight of schools shall have a cause of action for remedies provided for in Subsection E of this Section.
C. For purposes of this Chapter, the designation of "female" entered on the student's official birth certificate at or near the time of the student's birth creates a rebuttable presumption that the student's biological sex is female.
D. A school, school coach, school employee, school board, school board employee, school board member, postsecondary education board, or postsecondary education board member who suffers any direct or indirect harm for prohibiting a biological male from participating in a female, girls, or womens athletic team or sporting event pursuant to the requirements of this Chapter shall have a cause of action for remedies provided for in Subsection E of this Section.
E. Any person who brings a cause of action pursuant to this Chapter may obtain appropriate relief including but not limited to:
(1) Injunctive relief, protective order, writ of mandamus or a prohibition, or declaratory relief to prevent any violation of this Chapter.
(2) Actual damages, reasonable attorney fees, and costs.
F. All civil actions under this Chapter shall be initiated within two years from the date that the harm occurred.
Acts 2022, No. 283, §1.
CHAPTER 8 SPORTS TOURNAMENTS
§ 4:461 Discrimination by race in sports tournaments hosted by private clubs prohibited; terms defined
A. Any private sports club which hosts a sports tournament shall not discriminate against any eligible team or participant on a team because of his race.
B. For purposes of this Section:
(1) "Private sports club" means any club, association, organization, or group of any kind which is organized as a private membership club and which provides sports facilities for the use of its members. Such sports facilities may include but are not limited to golf courses, swimming or diving pools, baseball or softball fields, tennis courts, and running tracks.
(2) "Sports tournament" means any competition sponsored by, recognized by, or conducted under the authority of the Louisiana High School Athletic Association, the National Collegiate Athletic Association, the National Association of Intercollegiate Athletics, the Amateur Athletic Union, or the Association of Intercollegiate Athletics for Women.
C. No state monies shall be used to accomplish the discriminatory exclusion of a sports participant whose team has been invited to participate in a sports activity.
D. Any team or individual who has been discriminated against under the provisions of this Section may bring an action for and shall be entitled to recover damages, reasonable attorney fees, and court costs.
Added by Acts 1981, No. 498, §1; Acts 1991, No. 1049, §1.
CHAPTER 9 THE LOUISIANA RIVERBOAT ECONOMIC DEVELOPMENT AND GAMING CONTROL ACT
§ 4:501 Redesignated as R.S. 27:41-113 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996.
Redesignated as R.S. 27:41-113 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996.
CHAPTER 10 THE LOUISIANA ECONOMIC DEVELOPMENT AND GAMING CORPORATION LAW
§ 4:601 Redesignated as R.S. 27:201-286 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996.
Redesignated as R.S. 27:201-286 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996.
CHAPTER 11 CHARITABLE RAFFLES, BINGO AND KENO LICENSING LAW
§ 4:701 Citation
This Chapter shall be known and may be cited as the "Charitable Raffles, Bingo and Keno Licensing Law".
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:702 Declaration of purpose
A. The Legislature of Louisiana does hereby recognize the state's role and responsibilities in ensuring that the net proceeds of charitable games of chance conducted pursuant to the Charitable Raffles, Bingo and Keno Licensing Law are contributed to bona fide charitable causes. The legislature further finds that it is in the public interest to prevent infiltration of elements of organized crime or professional gambling into charitable gaming.
B. Therefore, it shall be the policy of the state of Louisiana to decrease the potential for fraud in charitable games of chance and to increase compliance with the provisions of the Charitable Raffles, Bingo and Keno Licensing Law and other applicable laws and regulations through monitoring and enforcement as well as public education and awareness of the purposes of these laws and regulations.
C. The purpose of this Chapter is to establish mechanisms to effectuate such purposes, including but not limited to:
(1) A state licensing system for charitable organizations conducting such games of chance, commercial lessors, and for manufacturers and distributors of supplies and equipment used in such games.
(2) Provision of specialized instruction and training for local law enforcement agencies and for licensees.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 602, §1, eff. July 1, 2003.
§ 4:703 Definitions
For the purposes of this Chapter, the following definitions shall apply:
(1)(a) Except as provided in R.S. 4:707(C), "charitable organization" shall mean a nonprofit board, association, corporation, or other organization domiciled in this state and qualified with the United States Internal Revenue Service for an exemption from federal income tax under Section 501(c)(3), (4), (5), (6), (7), (8), (10), or (19) of the Internal Revenue Code.
(b) The provisions of this Paragraph shall be retroactive to January 1, 1989. No charitable organization as defined in this Paragraph or member or employee thereof which is qualified for an exemption from federal income tax under Section 501(c)(5) or (6) and which applied for a license under the former provisions of Part V-A of Chapter 14 of Title 33 of the Louisiana Revised Statutes of 1950 by October 1, 1989, shall be subject to any penalties for holding, operating, or conducting any game of chance authorized by that Part prior to the issuance or written denial of such license.
(c) Except as otherwise provided in this Chapter, an auxiliary group associated with a nonprofit veterans association, which functions in a subsidiary capacity to the parent organization and exists for the benefit and enhancement of the parent organization, shall be considered part of the parent organization for purposes of this Chapter.
(2) "Commercial lessor" means any person or other entity other than a bona fide nonprofit organization licensed under this Chapter who leases any building, structure, or premises to organizations licensed under the provisions of this Chapter.
(3) "Distributor" means any person or other entity who sells, offers for sale, or otherwise furnishes to any person supplies or equipment for use in the conduct of any game of chance authorized under this Chapter and any private contractor qualified to conduct games of chance as authorized under the provisions of R.S. 4:729.
(4) "Immediate family" means the subject individual's spouse, children, parents, brothers and sisters, spouses of children, and spouses of brothers and sisters.
(5) "Manufacturer" means any person or other entity who manufactures for sale, offers for sale, or otherwise furnishes any gaming supplies or equipment to a licensed distributor for use in the conduct of any game of chance authorized under this Chapter.
(6) A "municipality" shall mean an incorporated municipality.
(7) "Non-commercial lessor" means any bona fide nonprofit organization licensed under this Chapter to conduct games of chance and who leases any building, structure, or premises to other organizations licensed under the provisions of this Chapter for the purpose of conducting charitable games of chance.
(8) "Office" means the office of charitable gaming within the Department of Revenue.
(9) "Pull-tabs" shall mean single or banded tickets or cards each with its face covered to conceal one or more numbers or symbols, where one or more cards or tickets in each set have been designated in advance as a winner. The sale of pull-tabs by licensed charitable organizations during authorized sessions pursuant to the provisions of this Chapter shall constitute charitable gaming, and all revenues realized from the sale thereof shall be exempt from state income taxation and from federal income taxation to the extent allowable by the Internal Revenue Code.
(10) "Qualified association of licensed charitable organizations" means an association which, for not less than one year, has consisted of not less than ten licensed charitable organizations as defined by Subparagraph (1)(a) of this Section or 707(C), and whose member organizations have contributed annual dues which average not less than three hundred dollars per member organization during the previous twelve months.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2001, No. 106, §1, eff. July 1, 2001.
§ 4:704 Office of charitable gaming; creation; employees; records and reports
A. The office of charitable gaming is hereby created and established in the Department of Revenue. The secretary for the Department of Revenue shall employ such persons as he considers qualified, consistent with civil service regulations, and may incur such expenses as may be required to carry out the provisions of this Chapter. Notwithstanding any other provision of law to the contrary, the office shall be subject to the division of administrative law, and all administrative hearings shall be conducted in accordance therewith.
B. Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all fees and fines collected or received by the office pursuant to this Chapter shall be paid into the state treasury on or before the twenty-fifth day of each month following such collection or receipt and shall be credited to the Bond Security and Redemption Fund.
C. The office shall annually prepare and submit a comprehensive report on the scope and nature of charitable gaming activities in this state and the impact of the office on such activities. The report shall be submitted to the governor, the speaker of the House of Representatives, the president of the Senate, the House Committee on Administration of Criminal Justice, and the Senate Committee on the Judiciary, Section B.
D. Neither the secretary nor any employee of the office shall be an officer, director, or manager of any organization licensed by the state to conduct charitable games of chance or have a direct or indirect financial interest in a commercial lessor or any entity manufacturing or distributing supplies or equipment used in such games.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 602, §1, eff. July 1, 2003.
§ 4:705 Office functions, duties, and responsibilities
The office shall have the following functions, duties, and responsibilities:
(1) To issue and renew annual state licenses required by law for organizations conducting games of chance pursuant to the Charitable Raffles, Bingo and Keno Licensing Law, for manufacturers or distributors of supplies or equipment for such games, and for commercial lessors of premises on which such games are conducted.
(2) To establish, assess, and collect the following fees for issuance of licenses and special licenses and for license renewals as follows:
(a) Manufacturer's license and renewal fee shall be two thousand five hundred dollars.
(b) Distributor's license and renewal fee shall not be more than two hundred fifty dollars, except the license and renewal fee for a private contractor licensed to conduct games of chance authorized under the provisions of R.S. 4:729 shall be two hundred dollars.
(c) Licensed organization's license and renewal fee shall be seventy-five dollars.
(d) Special events license and renewal fee shall be one hundred dollars.
(e) Commercial lessor's license and renewal fee shall be five hundred dollars.
(3) To establish and collect a fee of not more than three percent of the ideal net proceeds at the point of sale on all pull-tabs or break open tickets, a fee of not more than five percent on the actual value of all other gaming supplies, and an additional fee of not more than three percent of the lease or rental price of electronic dabber devices other than those which use disposable bingo paper.
(4) To deny applications for licensure or license renewal and to issue orders for restriction, suspension, or revocation of licenses issued pursuant to R.S. 4:718.
(5) To establish and assess fees for identification stamps to be affixed to gaming supplies and equipment by manufacturers and distributors of such supplies or equipment as further provided in R.S. 4:726.
(6) To monitor licensees to ensure compliance with all provisions of law and regulations relative to charitable gaming through routine scheduled and unscheduled inspections and when warranted, investigations and audits.
(7) To enforce all provisions of law and regulations relative to charitable gaming and to assist local law enforcement agencies in these enforcement responsibilities and to direct to the Department of Public Safety and Corrections, office of state police, any indication of the commission of any crime established in Title 14 of the Louisiana Revised Statutes of 1950 for investigation and disposition by such office.
(8) To establish and assess penalties for violations of provisions of law or regulations relative to gambling or charitable gaming, not to exceed five thousand dollars per violation, as further provided in R.S. 4:721(D).
(9) To familiarize the general public, and in particular members of organizations which conduct charitable games of chance, with provisions of the Charitable Raffles, Bingo and Keno Licensing Law and other applicable laws and regulations.
(10)(a) To adopt rules and regulations to provide for the sale or transfer of surplus supplies or equipment from one licensed organization to another and such other rules and regulations as are necessary to carry out the purposes and functions of this Chapter strictly in accordance with Subparagraph (b) of this Paragraph.
(b) All rules and regulations adopted by the office shall be adopted only pursuant to specific and express statutory authorization and in accordance with the Administrative Procedure Act, except that all rules authorized by this Chapter shall also require the affirmative approval of the House Committee on the Administration of Criminal Justice and the Senate Committee on the Judiciary, Section B.
(11)(a) To determine certain person or persons in certain relationships between an applicant or licensee and other persons to be unsuitable to participate in charitable gaming and to bar any such persons from participation in charitable gaming after notice and opportunity for hearing in accordance with the Administrative Procedure Act.
(b) In determining the suitability of an applicant, licensee, or other person, the office shall consider the person's:
(i) General character, including honesty and integrity.
(ii) Financial security and stability, competency, and business experience.
(iii) Record, if any, of violations which may affect the legal and proper operation of charitable gaming, including a violation affecting another licensee or applicant, and any violation of the laws of this state or other states or countries, without limitations as to the nature of the violation.
(iv) Prior activities, arrest, or criminal record, if any, reputation, habits, and associations which may pose a threat to the public interest of this state or to the effective regulation and control of gaming operations, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming operations or the carrying on of the business and financial arrangements incidental thereto.
(v) Refusal to provide records, information, equipment, or access to premises to any member of the office or any peace officers when such access is reasonably necessary to insure or protect public health, safety, or welfare or to insure the integrity of the charitable gaming industry or security of charitable gaming proceeds.
(vi) Association or relationship to other applicants or licensees.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 1999, No. 1286, §1; Acts 2004, No. 874, §1.
§ 4:705.1 Authority to obtain criminal history record information
A. The legislature hereby finds and declares that it is vitally important to the public safety, interest, and welfare of the state to protect Louisiana residents and their residences, businesses, and other property, as well as visitors to the state, by reasonably regulating the licensing of persons performing charitable gaming activity in the state.
B. As used in this Section:
(1) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
(2) "Criminal history record information" means all state records of arrest, prosecution, and conviction, including those that have been expunged or dismissed pursuant to Code of Criminal Procedure Articles 893 and 894, and national records which include fingerprints of the applicant and other identifying information, if so requested by the office.
(3) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.
(4) "Licensee" means any person applying for a license with the office.
(5) "Office" means the Louisiana office of charitable gaming.
C.(1) Pursuant to this Section, the office may request and obtain state and national criminal history record information from the bureau and the FBI regarding each applicant.
(2) Notwithstanding Paragraph (1) of this Subsection, the office's use of fingerprints shall be for the limited purpose of determining the eligibility of each applicant and conducting directly related matters in accordance with the suitability standards outlined in R.S. 4:704, 705, 708, and 718.
(3) The office shall be entitled to the criminal history record and identification files of the bureau of any person who is licensed or who is applying to be licensed. Fingerprints and other identifying information of the applicant shall be submitted to the bureau, and the bureau shall, upon request of the office and after receipt of the fingerprint card and other identifying information from the applicant, make available to the office all arrest and conviction information contained in the bureau's criminal history record and identification files. In addition, the fingerprints shall be forwarded by the bureau to the FBI for a national criminal history record check.
(4) In accordance with the authority provided for in this Chapter, the costs of providing the information required by this Section shall be charged by the bureau, as specified in R.S. 15:587, for furnishing information contained in the bureau's criminal history record and identification files, including any additional costs of providing the national criminal history record check, which pertains to the individual. All costs or fees for furnishing the information may be imposed on the individual.
D. All criminal history record information obtained by the office shall be available for review by the Louisiana Department of Justice as part of an application for a license. The authority of this agency directly related to the issuance of licenses is provided for in R.S. 4:736.
Acts 2026, No. 494, §1.
§ 4:706 Decision whether to permit raffles, bingo, and keno
A. The governing authority of each such municipality shall decide whether charitable raffles, bingo, and keno as provided for in this Chapter shall be permitted within the limits of the municipality.
B. The governing authority of each parish shall decide whether charitable raffles, bingo, and keno as provided for in this Chapter shall be permitted within the parish.
C.(1) If the local governing authority elects to license and regulate charitable raffles, bingo, and keno within its jurisdiction, it may adopt rules, regulations, and ordinances for charitable organizations, as defined in R.S. 4:703(1), to hold and operate games of chance authorized in R.S. 4:707 and to enforce any local provisions regarding said games of chance.
(2) No local governing authority shall issue a license to any organization unless that organization has first obtained a license from the office in accordance with this Chapter.
(3) No local governing authority shall adopt any ordinance, rule, or regulation for operating a game of chance which conflicts with the provisions of this Chapter.
(4) No local governing authority in Orleans Parish shall adopt any ordinance, rule, or regulation for operating a game of chance which in the determination of the Louisiana Gaming Control Board may violate any of the terms or provisions of Section 1.3 of the Amended and Renegotiated Casino Operating Contract entered into pursuant to R.S. 27:201 et seq., on October 30, 1998, as amended, effective October 19, 1999, March 29, 2001, and March 31, 2001. Any ordinance, rule, or regulation adopted in violation of this Paragraph shall be null and void.
D. For the purposes of and as used in this Section, the term "bingo" shall include "electronic video bingo".
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 871, §1, eff. July 1, 2003; Acts 2005, No. 373, §1.
§ 4:707 Authorization to license certain organizations; exemption; requirement for state license
A. The office may, consistent with the provisions of this Chapter, license charitable organizations, as defined in R.S. 4:703(1), to hold and operate the following specific games of chance:
(1) The game of chance commonly known as raffle or raffles played by drawing for prizes or the allotment of prizes by chance, by the selling of shares, tickets, or rights to participate in such game or games, and by conducting the game or games accordingly.
(2) The game of chance commonly known as bingo or keno played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers, as objects, similarly numbered, are drawn from a receptacle, and the game being won by the person who first covers a previously designated arrangement of numbers on such a card.
(3) The game of chance commonly known as pull-tabs played for prizes with cards or tickets and as defined in R.S. 4:725 or played as electronic pull-tabs as provided in R.S. 4:733.
(4) Electronic video bingo as provided for in R.S. 4:724 and as defined by rules of the office.
(5) Fund-raising events generally known as "Las Vegas Nights" or "Casino Nights" as provided for in R.S. 4:729 and as defined by rules of the office.
B. In addition to the licensing required in Subsection A of this Section, the governing authority of any municipality or parish may, consistent with the provisions of this Chapter, license charitable organizations as defined in R.S. 4:703(1) to hold and operate the following specific games of chance:
(1) The game of chance commonly known as raffle or raffles played by drawing for prizes or the allotment of prizes by chance, by the selling of shares, tickets, or rights to participate in such game or games, and by conducting the game or games accordingly.
(2) The game of chance commonly known as bingo or keno played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers, as objects, similarly numbered, are drawn from a receptacle, and the game being won by the person who first covers a previously designated arrangement of numbers on such a card.
(3) The game of chance commonly known as pull-tabs played for prizes with cards or tickets, as defined in R.S. 4:725, or played as electronic pull-tabs as provided in R.S. 4:733.
(4) Electronic video bingo as provided for in R.S. 4:724 and as defined by rules of the office.
(5) Fund-raising events generally known as "Las Vegas Nights" or "Casino Nights" as provided for in R.S. 4:729 as defined by rules of the office.
C. Any such organization so licensed may sell shares, tickets, or rights to participate in such games and may conduct the games accordingly when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious, or public spirited uses, and when so licensed, may hold, operate, and conduct such games of chance exclusively by its members pursuant to this Chapter, except to the extent that the services of members of other bona fide licensed organizations as enumerated in this Section are volunteered by their organization for the sole purpose of selling shares, tickets, or rights in such games. Any such organization so licensed may sell shares, tickets, or rights to participate in such game or games of chance pursuant to rules and regulations for the supervision and conduct thereof, as prescribed by the office and, when applicable, by the governing authority of the municipality or parish not inconsistent with the provisions of this Chapter. Further, any person or persons may participate in and play such games of chance conducted under any license.
D.(1) In addition to the authority granted in Subsection A of this Section, the office may license the following organizations, as defined in this Section, to hold and operate the specific kind of game or games of chance enumerated in Subsection A of this Section without the requirement that any such organization qualify with the Internal Revenue Service for an exemption from federal income tax as specified by R.S. 4:703(1): Mardi Gras carnival organizations, civic or service associations, qualified associations of licensed charitable organizations, volunteer fire companies, booster clubs, parent-teacher associations, private nonprofit elementary or secondary schools, public elementary or secondary schools, and public institutions of higher education.
(2) In addition to the authority granted in Subsection B of this Section, the governing authority of any parish or municipality may license the following organizations, as defined in this Section, to hold and operate the specific kind of game or games of chance enumerated in Subsection B of this Section without the requirement that any such organization qualify with the Internal Revenue Service for an exemption from federal income tax as specified by R.S. 4:703(1): Mardi Gras carnival organizations, civic or service associations, qualified associations of licensed charitable organizations, volunteer fire companies, booster clubs, parent-teacher associations, private nonprofit elementary or secondary schools, public elementary or secondary schools, and public institutions of higher education.
E. In addition to the provisions of R.S. 4:703, the following definitions shall apply for the purposes of this Section:
(1) "Booster club" shall mean an organization which promotes and supports the activities, functions, or programs of a public or a private nonprofit elementary or secondary school in this state and which has been designated by the school board of the parish or city in which such school is located to collect funds in the name of that school.
(2) "Civic or service association" shall mean an organization domiciled in this state which is operated for the purpose of promoting the social welfare or providing service to the community and which has derived five thousand dollars or less in gross receipts from its charitable games of chance during the prior calendar year.
(3) "Coastal conservation association" shall mean a member-based organization domiciled in this state operated for the purpose of promoting marine wildlife and habitat conservation and whose mission is to promote and enhance the present and future availability of coastal resources for the benefit and enjoyment of the general public.
(4) "Mardi Gras carnival organization" shall mean an organization domiciled in this state which presents pre-Lenten festivities, including street parades, and which has received a permit to parade from a municipal or parish governing authority.
(5) "Nonprofit healthcare organization" shall mean any organization that provides healthcare services, together with its parent organization, affiliates, subsidiaries and foundations, that is licensed or chartered in this state, is affiliated with a hospital that meets the definition of "hospital" as provided by R.S. 40:2102, and is exempt from federal and state taxation pursuant to the Internal Revenue Code and applicable provisions of Louisiana law.
(6) "Parent-teacher association" shall mean an organization which is comprised of teachers and parents of children enrolled in a public or a private nonprofit elementary or secondary school in this state and which has been designated by the school board of the parish or city in which such school is located to collect funds in the name of that school.
(7) "Private nonprofit elementary or secondary school" includes every nonprofit private elementary or secondary school within the state of Louisiana.
(8) "Public elementary or secondary school" includes every public elementary or secondary school within the state of Louisiana.
(9) "Public institution of higher education" includes every in-state public graduate and undergraduate institution, public junior and community college, public technical institute, and each separate school or department of the institution, college, or institute when the entire net proceeds are devoted to support the institution.
(10) "Volunteer fire company" shall mean an organization which has been engaged by the governing authority of a parish, municipality, or fire protection district to provide fire protection services to the area of this state under its jurisdiction and which is comprised predominantly of individuals who provide such services voluntarily and without compensation.
F.(1)(a) A bona fide senior citizen recreation club, upon application to the municipality or parish, shall be exempt from the licensing and reporting procedure enumerated in R.S. 4:708 through 716 in a municipality or parish whose governing authority has decided to permit raffles, bingo, and keno within its limits as provided in R.S. 4:706.
(b) A "senior citizen recreation club" for the purpose of this Chapter shall be defined as an organization which is sanctioned by the local council on aging and composed of a group of persons sixty years of age or older whose only function is to provide amusement and diversion for its members.
(2)(a) Any club, organization, group, or association which has a membership comprised exclusively of children enrolled in a public or private nonprofit elementary or secondary school in this state and which is approved to conduct activities in such school by the principal of such school in accordance with school board policy shall be exempt from the licensing and reporting procedures enumerated in R.S. 4:708 through 716 in a municipality or parish whose governing authority has decided to permit raffles, bingo, and keno within its limits as provided in R.S. 4:706. Such club, organization, group, or association shall be exempted from licensing and reporting procedures only for the conducting of raffles as a means of fundraising.
(b) A private nonprofit elementary or secondary school and any public elementary or secondary school in this state shall be exempt from the licensing and reporting procedures enumerated in R.S. 4:708 through 716 in any municipality or parish whose governing authority has decided to permit raffles, bingo, and keno within its limits as provided in R.S. 4:706. Such private nonprofit school or public school shall be exempted from licensing or reporting procedures only for the conducting of raffles as a means of fundraising.
(3)(a) A charitable organization, upon application to the municipality or parish, shall be exempt from the licensing and reporting requirements provided in R.S. 4:708 through 716 for the purpose of conducting a raffle as defined in Paragraph (A)(1) of this Section in any municipality or parish the governing authority of which has decided to permit raffles, bingo, and keno within its limits as provided in R.S. 4:706, provided the municipality or parish finds, upon such application, that the charitable organization is conducting such raffle for the purpose of providing support to any elementary or secondary school in the municipality or parish or for other purposes of community support.
(b) A public institution of higher education licensed pursuant to this Section shall be exempt from the licensing and reporting requirements provided in R.S. 4:708 through 716 in any municipality or parish the governing authority of which has decided to permit raffles, bingo, and keno within its limits and may sell shares, tickets, or rights to participate in the authorized game known as raffle and may conduct the game of raffle when the entire net proceeds of the games of chance are devoted to supporting the institution.
(4) Any bona fide conservation organization, which is recognized by the Internal Revenue Service as a 501(c)(3) corporation, dedicated principally to the conservation of a specific species, genus, or family of game animal or game fish, including but not limited to the conservation of ducks, waterfowl generally, quail, and turkeys or saltwater and freshwater fish such as speckled trout, redfish, flounder, large mouth bass, and crappie, which is otherwise permitted by law to conduct charitable gaming shall be exempted from the licensing and reporting procedures enumerated in R.S. 4:708 through 716 solely for conducting raffles as a means of fundraising in a municipality or parish whose governing authority has decided to permit raffles, bingo, and keno within its limits as provided in R.S. 4:706.
G. Notwithstanding any other provision of this Chapter to the contrary, no municipal or parish governing authority shall license any organization as authorized in this Chapter unless that organization has first obtained a charitable gaming license from the office, as further provided in R.S. 4:705.
H.(1) No person or organization shall hold, operate, or conduct any game of chance enumerated in Subsection A of this Section without obtaining a charitable gaming license or a special charitable gaming license from the office, as further provided in R.S. 4:718.
(2) Organizations closely connected to one another shall not hold, operate, or conduct any game of chance enumerated in Subsection A of this Section under a single state charitable gaming license. Each organization shall be required to obtain a separate license from the office in order to conduct such games. Any otherwise eligible organization shall be deemed to be closely connected when any one of the following conditions are met:
(a) Membership in one organization automatically qualifies an individual as a member of another organization.
(b) Membership in one organization is dependent upon membership in another organization, including social membership.
(c) The existence of an organization is dependent upon the existence of another organization.
(3) Notwithstanding the provisions of Paragraph (2) of this Subsection, a chartered auxiliary group associated with a nonprofit, licensed organization shall not be required to obtain a separate license in order to assist in the holding, operating, or conducting of any game of chance being operated by the parent organization. The parent organization shall notify the office of charitable gaming annually of the names of members who will assist in the gaming operations. Nothing in this Paragraph shall prohibit a qualified chartered auxiliary group from receiving its own gaming license.
(4) Notwithstanding the provisions of Paragraph (2) of this Subsection, a coastal conservation association as defined in Subsection E of this Section shall be exempt from the provisions of Paragraph (1) of this Subsection strictly for the purposes of conducting the game of chance commonly known as raffle or raffles as defined in Paragraph (A)(1) of this Section.
(5)(a) Notwithstanding the provisions of Paragraph (2) of this Subsection, all nonprofit healthcare organizations as defined in Subsection E of this Section that are part of a single health system may obtain and operate under a single state charitable gaming license, provided that each participating entity is otherwise eligible for a license pursuant to this Chapter. The parent organization shall annually notify the office of charitable gaming of the names of the organizations that will operate under the single license.
(b) Notwithstanding the provisions of R.S. 4:707.1(B), a nonprofit healthcare organization shall be eligible for a limited raffle license.
I. Nothing in this Chapter shall prohibit a charitable organization from contributing to a qualified association of licensed charitable organizations as defined by R.S. 4:703(10). Such an association shall not be subject to audit by the office except as otherwise provided by law.
J. The governing authority of a municipality or parish may, by ordinance, transfer regulatory authority over charitable gaming in that municipality or parish to the office of charitable gaming.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2001, No. 106, §1, eff. July 1, 2001; Acts 2003, No. 602, §1, eff. July 1, 2003; Acts 2003, No. 871, §1, eff. July 1, 2003; Acts 2017, No. 214, §1; Acts 2018, No. 610, §1; Acts 2022, No. 387, §1; Acts 2022, No. 523, §1; Acts 2023, No. 19, §1; Acts 2026, No. 472, §1.
§ 4:707.1 Limited raffle licenses
A. Notwithstanding any provision of law to the contrary, there shall be a limited raffle license for certain raffle games. The office shall promulgate rules relative to the issuance of such limited raffle licenses which shall include but not be limited to licensing fees and reporting requirements. The provisions of R.S. 4:705(2)(c) and 714(F)(1) shall not apply to any limited raffle license issued pursuant to the provisions of this Section.
B. The raffle games to which this Section applies shall include only single games as defined in R.S. 4:707(A)(1) and have a prize value which shall not exceed ten thousand dollars.
Acts 2023, No. 89, §1.
§ 4:708 Application for license
A. Each applicant for such a license shall file with the office and the clerk of the municipality or with the governing body of any parish a written application therefor in the form prescribed in said rules and regulations, duly executed and verified, in which shall be stated:
(1) The name and address of the applicant together with sufficient facts relating to its incorporation and organization to enable the municipality or governing body of any parish to determine whether or not it is a bona fide organization or association.
(2) The names and addresses of its officers.
(3) The specific kind of game or games of chance intended to be held, operated, and conducted by the applicant, and the place or places where, and the date or dates and the time or times when, such game or games of chance are intended to be conducted, by the applicant, under the license applied for.
(4) The items of expense intended to be incurred or paid in connection with the holding, operating, and conducting of such game or games of chance and the names and addresses of the persons to whom, and the purposes for which they are to be paid.
(5) The purposes to which the entire net proceeds of such game or games of chance are to be devoted and in what manner.
(6) Except as provided in R.S. 4:715, that no commission, salary, compensation, reward, or recompense will be paid to any person for holding, operating, or conducting such games of chance.
(7) A description of all prizes to be offered and given in all such games of chance to be held, operated, and conducted under such license.
(8) Such other information as shall be prescribed by such rules and regulations.
B.(1) In each application there shall be designated an active member or members of the applicant under whom the game or games of chance described in the application are to be held, operated, and conducted, and with the application shall be included a statement executed by the applicant and by the member or members, so designated, that he or they will be responsible for the holding, operation, and conduct of such game or games of chance in accordance with the terms of the license and the provisions of said rules and regulations governing the holding, operation, and conduct of such game or games of chance and of this Chapter, if such license is granted.
(2) Prior to the commencement of the holding, operation, and conduct of the game or games of chance, any member designated in Paragraph (1) of this Subsection shall receive mandatory training from the office of charitable gaming.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2001, No. 1032, §2; Acts 2003, No. 602, §1, eff. July 1, 2003.
§ 4:709 Investigation of qualifications of applicant; issuance of license; limitation on license fee; duration of license; report to central registry
A. The office shall investigate the qualifications of each applicant and the merits of the application, with due expedition after the filing of the application, and shall make the following determinations:
(1) That the applicant is duly qualified to hold, operate, and conduct games of chance under the provisions of this Chapter and the rules and regulations governing the holding, operation, and conduct thereof in the municipality or parish.
(2) That the member or members of the applicant designated in the application to hold, operate, or conduct or assist in holding, operating, or conducting the game or games of chance for which the license application is made are bona fide active members of the applicant and persons of good moral character who have never been convicted of certain related offenses as established by the office.
(3) That such game or games of chance are to be held, operated, and conducted in accordance with the provisions of this Chapter and in accordance with the rules and regulations governing the holding, operation, and conduct thereof and that the proceeds thereof are to be disposed of as provided by this Chapter.
B. If the municipal or parish governing authority decides to license and regulate charitable gaming in accordance with the provisions of R.S. 4:706(C) and 707(B) and is satisfied that, except as provided in R.S. 4:715, no commission, salary, compensation, reward, or recompense whatever will be paid or given to any person holding, operating, or conducting any such game of chance, it shall issue a license to the applicant for the holding, operation, and conducting of the specific kind of games of chance applied accordingly.
C. No license for holding, operating, or conducting of any game or games of chance shall be issued under this Chapter to be effective for a period of more than one year.
D. The name, address, and location of any such establishment licensed for operating, holding, or conducting any authorized game, gaming or wagering activity, or game of chance issued pursuant to this Chapter, including the names and addresses of every person who has or controls, directly or indirectly, more than five percent ownership, income, or profit interest, shall be submitted, and updated at least quarterly, to the Louisiana Gaming Control Board for inclusion in a central registry of licensed gaming operators pursuant to R.S. 27:15(B)(3)(c).
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 871, §1, eff. July 1, 2003.
§ 4:710 Issuance of special licenses
A. Notwithstanding any other provision of this Chapter to the contrary, the office may provide by rule for the issuance of a special license for the conduct of no more than four bingo sessions annually at which the total amount of prizes which may be awarded on any one calendar day under such a license shall not exceed twenty-five thousand dollars in cash or other thing or things of value. Except as otherwise provided in this Section, all other provisions of this Chapter shall apply to the issuance of such special licenses.
B. Pursuant to the provisions of R.S. 4:706(C) and 707(B), a municipal or parish governing authority may also issue a special license as provided in Subsection A of this Section; however, no such municipal or parish governing authority shall issue a special license to any organization as provided herein unless that organization has first obtained a special charitable gaming license from the office as further provided in R.S. 4:718.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 871, §1, eff. July 1, 2003; Acts 2026, No. 796, §1, eff. June 8, 2026.
§ 4:711 Hearing; amendment of license
A. No application for the issuance of a license shall be refused by the issuing authority until after a hearing is held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B. Any license issued under this Chapter may be amended, upon application made to the authority which issued it, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 871, §1, eff. July 1, 2003.
§ 4:712 Form of license
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the office or the municipality or governing body of the parish and shall contain a description of the kind or kinds of game or games of chance authorized to be held, operated, and conducted thereunder, a statement of the name and address of the licensee, of the names and addresses of the member or members of the applicant under whom such game or games of chance will be held, operated, and conducted, of the number of times, or the hours during which such game or games of chance are authorized to be conducted and the place or places where and the date or dates and time or times when such game or games of chance are to be conducted and of the purposes to which the entire net proceeds of such game or games of chance are to be devoted, and any other information which may be required by said rules and regulations to be contained therein. Each license issued for the conduct of any game of chance shall be conspicuously displayed at the place where any game is to be conducted thereunder at all times during the conduct thereof.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:713 Control and supervision over games
A. The office, when applicable, and the governing authority of any municipality or parish issuing any license under this Chapter shall regulate all games of chance held, operated, or conducted under such license issued by it, to assure that they are fairly held, operated, and conducted in accordance with the provisions of the license, the provisions of this Chapter, and the rules promulgated and adopted pursuant to the provisions of R.S. 4:705(10)(b). The issuing authority may suspend or revoke any license issued by it for violation of any such provision, and its officers and agents may enter and inspect any premises where any such game of chance is being held, operated, and conducted or is intended to be held, operated, and conducted, or where any equipment is being used or intended to be used in the conduct thereof.
B. Each licensee shall be subject to the provisions of this Chapter, and all rules and regulations properly adopted by the office pursuant to the provisions of this Chapter.
C. Notwithstanding any other provision of law to the contrary, no governing authority of any municipality or parish shall require by ordinance, rule, or other regulation, that as a condition for granting a charitable gaming license, a charitable organization must be domiciled in that parish or municipality.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 871, §1, eff. July 1, 2003.
§ 4:714 Restrictions; requirements; transfers; prohibitions
A. The total amount of prizes which may be awarded in any one session by a licensee shall not exceed four thousand five hundred dollars in cash or other thing or things of value, except as specifically provided in R.S. 4:707(A)(1) and (5), 710, 724, 725, 725.1, and 732. The office shall establish by rule the method of calculating the value of any thing offered as a prize.
B. In addition to the requirement of R.S. 4:712 to display its local license, each licensee shall conspicuously display its charitable gaming license issued by the office at the premises where any game is conducted at all times during such conduct.
C.(1) Each licensee shall designate an active member and a sufficient number of alternate members of the organization to be in charge of and primarily responsible for each session of a game of chance. Such individual, or alternates, who shall be designated as the member-in-charge, shall supervise all activities of such session and be responsible for the conduct of all games of such session. The member-in-charge or alternate shall be present at all times on the premises during the session. The provisions of this Paragraph shall only apply to call bingo sessions.
(2) Each licensee shall designate an active member of the organization to be responsible for the documentation of receipts and disbursements as well as the maintenance of all financial records. Such individual designated shall have been a member in good standing of the organization and shall be familiar with the provisions of this Chapter, applicable local ordinances and regulations, and the rules and regulations of the office.
D. No licensee shall purchase or otherwise obtain any gaming supplies or equipment from any distributor or manufacturer until it has first determined that the individual selling or otherwise offering such supplies or equipment has a valid license issued by the office.
E. No licensee shall allow any person under eighteen years of age to assist in the holding, operation, or conduct of any game of chance. Charitable raffles as provided for in R.S. 4:707(D)(2) shall be exempted from requirements of this Subsection.
F.(1) All proceeds from each gaming session, other than that amount paid out as cash prizes and that amount retained as a cash bank, shall be deposited into a bank account, known as a charitable gaming account, maintained by the charitable organization solely for such deposits. Such deposits shall occur no later than the second banking day following the date the gaming session begins, but in no case more than five calendar days later.
(2) Any charitable organization may transfer gaming proceeds from its charitable gaming account to any other bank account controlled by the organization, subject to the administrative rules promulgated by the office pursuant to R.S. 4:705(10)(b).
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 736, §1; Acts 2012, No. 351, §1; Acts 2020, No. 316, §1, eff. June 12, 2020; Acts 2022, No. 523, §1.
§ 4:715 Personnel to hold games; commissions or salaries; equipment and supplies; expenses
A.(1) No person shall hold, operate, or conduct or assist in holding, operating, or conducting any game or games of chance under any license issued under this Chapter except an active member of an organization or association issued a charitable gaming license under the provisions of this Chapter. However, only an active bona fide member of an organization or association can act in a managerial capacity in accordance with the Louisiana Charitable Gaming laws, rules, and regulations. Bingo callers need not be managerial positions.
(2)(a) No commission, salary, compensation, reward, or recompense, including but not limited to granting or use of bingo cards without charge or at a reduced charge, shall be paid or given directly or indirectly to any person holding, operating, or conducting any licensed game or games of chance.
(b) Any person, association, or corporation licensed to hold, operate, or conduct any games of chance under any license issued pursuant to this Chapter may compensate, for services rendered, any fifteen employees, including a bingo caller, who assist in the holding, operating, or conducting of such games. The rate of compensation shall be no more than twenty dollars per hour and in any event shall not exceed one hundred dollars per session for any employee. Each employee or volunteer worker may also be provided meals and beverages to be eaten on the premises not to exceed a total value of fifteen dollars per person. Expenditures made under the provisions of this Subsection shall be subject to the reporting provisions of R.S. 4:716. Compensation provided for in this Paragraph shall not constitute a violation of the prohibition against the payment or giving of a commission, salary, compensation, reward, or recompense to any person holding, operating, or conducting any such game.
(3)(a) No manufacturer, distributor, commercial lessor, or his agents or employees, who directly or indirectly leases premises or sells, leases, or otherwise distributes gaming supplies or equipment, or furnishes any commodities or services in relation to the conduct of any charitable game of chance shall take part in the holding, operation, or conduct of a game of chance. However, nothing in this Chapter shall prohibit the owner of a premises from having a representative present to protect his interests in the premises.
(b) Any distributor or noncommercial lessor who owns electronic bingo machines as provided for in R.S. 4:724, or electronic pull-tab devices as provided for in R.S. 4:733 shall assign an employee or agent to be present at all times that the machines owned by that distributor or noncommercial lessor are in use. No person other than the distributor, noncommercial lessor, or his employee or agent shall pay the winnings to each person who wins cash prizes from the machines owned by a distributor or noncommercial lessor.
(4) No such game of chance shall be conducted with any supplies or equipment except such as shall be owned absolutely, provided without payment of any compensation by the licensee, or purchased from a licensed manufacturer or distributor of such supplies or equipment, unless permitted by rules of the office.
(5) No item of expense shall be incurred or paid in connection with the holding, operating, or conducting of any game of chance held, operated, or conducted pursuant to any license issued under this Chapter, except such as are bona fide items of reasonable amount of goods, wares, equipment, and merchandise furnished or services rendered, which are reasonably necessary to be purchased or furnished for the holding, operating, or conducting thereof, under any circumstances whatever.
(6) No licensee shall pay any consulting fees to any person for any service performed in relation to the conduct of any charitable game of chance or concession fees to any person who provides refreshments to the participants in any such games.
(7) No lease or other agreement providing for a rental arrangement for premises or equipment shall provide for payment in excess of the reasonable market rental rate as mutually agreed to in writing for the premises or equipment.
B.(1) No person shall hold, operate, or conduct or assist in holding, operating, or conducting of any game or games of chance under any license issued under this Chapter except an active member of an organization or association issued a charitable gaming license under the provisions of this Chapter. However, only an active bona fide member of an organization or association can act in a managerial capacity in accordance with the Louisiana Charitable Gaming laws, rules, and regulations. Bingo callers need not be managerial positions. No such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, and no item of expense shall be incurred or paid in connection with the holding, operating, or conducting of any game of chance, held, operated, or conducted pursuant to any license issued under this Chapter, except such as are bona fide items of reasonable amount of goods, wares, equipment, and merchandise furnished or services rendered, which are reasonably necessary to be purchased or furnished for the holding, operating, or conducting thereof, under any circumstances whatever, and no commission, salary, compensation, reward, or recompense whatever shall be paid or given, directly or indirectly, to any person holding, operating, or conducting, or assisting in the holding, operation, or conduct, of any game of chance so held, operated, or conducted.
(2) Notwithstanding any provision of law to the contrary, any person, association, or corporation licensed to hold, operate, or conduct any games of chance that benefit persons with visual impairments, hearing loss, paraplegia, quadriplegia, intellectual disabilities, or persons sixty years of age or older, under any license issued pursuant to this Chapter, may compensate for services rendered, any fifteen employees who assist in the holding, operating, or conducting of such games. The rate of compensation shall be no more than fifteen dollars per hour and in any event shall not exceed ninety dollars per session for any employee. Each employee or volunteer worker may also be provided meals and beverages to be eaten on the premises not to exceed a total value of fifteen dollars per person. Expenditures made under the provisions of this Subsection shall be subject to the reporting provisions of R.S. 4:716. Compensation provided for in this Subsection shall not constitute a violation of the prohibition against the payment or giving of a commission, salary, compensation, reward, or recompense to any person holding, operating, or conducting, or assisting in the holding, operation, or conduct of any such game.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 614, §1, eff. July 1, 2003; Acts 2014, No. 811, §1, eff. June 23, 2014; Acts 2015, No. 168, §1, eff. June 23, 2015; Acts 2017, No. 146, §1; Acts 2024, No. 469, §1; Acts 2026, No. 940, §1.
§ 4:716 Statement of receipts; expenditures; books and records
A. The organization or association which held, operated, or conducted the game and its member or members who were in charge thereof, shall furnish to the clerk of the municipality or governing body of the parish and the office the following information not less than quarterly:
(1) A verified statement showing the amount of the gross receipts derived from each such game of chance, that shall include receipts from the sale of shares, tickets, or rights in any manner connected with participation in said game or the right to participate therein.
(2) Each item of expense incurred, or paid, and each item of expenditure made or to be made.
(3) Name and address of each person to whom each such item has been, or is to be paid, with a detailed description of the merchandise purchased or the service rendered therefor.
(4) The net profit derived from each such game of chance and the uses to which such net profit has been or is to be applied.
(5) A list of prizes offered or given, with the respective values thereof.
B. Each licensee shall maintain and keep such books and records as may be necessary to substantiate the particulars of each such report.
C. All licensees shall maintain records and submit reports as provided by rules of the office. Such rules may require that all income of a licensee derived from charitable gaming be recorded to the extent necessary to disclose gross and net income.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:717 Examination of books and records and personnel
A. The office and the municipality or governing body of the parish shall have power to examine or to cause to be examined the books, gaming account, and records of any organization or association to which such license is issued so far as they may relate to any transactions connected with the holding and conducting of any game of chance thereunder, and to examine the books and records of any entity for the purposes of determining if net gaming proceeds are devoted entirely to the purposes allowable under R.S. 4:707(B), and to examine any manager, officer, director, agent, member, or employee thereof under oath in relation to the conduct of any such game of chance under any such license, but any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this Chapter.
B. The office and the municipality or governing body of the parish shall have power:
(1) To examine or to cause to be examined the books, gaming account, and records of any organization exempt from licensure under this Chapter so far as they may relate to any transactions connected with the holding and conducting of any game of chance for which a license is otherwise required under this Chapter.
(2) To examine the books and records of any entity for the purposes of determining if net gaming proceeds are devoted entirely to the purposes allowable under R.S. 4:707(B).
(3) To examine any manager, officer, director, agent, member, or employee thereof under oath in relation to the conduct of any such game of chance for which a license is otherwise required under this Chapter, but any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this Chapter.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2001, No. 106, §1, eff. July 1, 2001.
§ 4:718 Licensure
A.(1) Any organization or person seeking licensure as a charitable gaming organization, as a manufacturer or distributor of gaming supplies or equipment, or as a commercial lessor shall submit an application to the office on forms provided for such purposes. Such application shall contain such information as may be reasonably required by rules of the office. The application shall be accompanied by the fee established pursuant to R.S. 4:705(2).
(2) The office shall review all applications for licensure and, in addition to the information required on the application, may require the applicant to furnish such additional information reasonably necessary.
B. The office shall not issue a license of any type to:
(1) Any person who has been convicted of certain related offenses as established by the office within the last five years or who presently has such a charge pending in any state or federal court.
(2) Any person who has ever been convicted of a gambling-related offense in any state or federal court.
(3) Any person who is or has ever been a professional gambler.
(4) Any firm, organization, or corporation in which any person specified in Paragraphs (1) through (3) of this Subsection is an officer or director, whether compensated or not, or in which such person has a direct or indirect financial interest.
C. Except as otherwise provided in R.S. 4:720, the office may issue a license for a period not exceeding one year to applicants meeting the requirements of this Chapter and rules and regulations adopted pursuant to it.
D.(1) The office may deny an application for licensure, refuse to renew a license, or restrict, suspend, or revoke a license for any reason consistent with the purposes of this Chapter which it deems to be in the interest of the public. However, policies regarding such denial, suspension, revocation, restriction, or refusal to renew shall be established by rule, and all proceedings with regard to such actions shall be in accordance with the Administrative Procedure Act.
(2) Notwithstanding any other provision of this Chapter to the contrary, the office shall not deny a license to or suspend, revoke, or refuse to renew the license of any organization defined in R.S. 4:707(C) solely on the basis that such organization has not qualified with the Internal Revenue Service for an exemption from federal income tax as specified by R.S. 4:703(1), provided that the organization demonstrates or establishes, by a preponderance of the evidence, that it is a legitimate nonprofit organization eligible under R.S. 4:707 and is not otherwise eligible for tax-exempt status under Section 501(c)(3), (4), (7), (8), (10), or (19) of the Internal Revenue Code.
E. Any significant change in the information submitted on its application for licensure shall be filed by a licensee with the office within ten days of the change. A significant change shall include but not be limited to any change in the officers, directors, managers, proprietors, or persons having a direct or indirect financial interest in any licensed organization or entity.
F. Any license, permit, approval, or thing obtained or issued pursuant to the provisions of this Chapter is expressly declared by the legislature to be a pure and absolute revocable privilege and not a right, property or otherwise, under the constitution of the United States or of the state of Louisiana. The legislature declares that no holder of any license or permit acquires any vested interest or right therein or thereunder.
G. Consent agreements or other agreements by which a license applicant is bound by certain rules, mandates, or other restrictions as a condition for licensing shall be absolutely null. This Subsection shall not apply to consent agreements executed as a result of a notice of violation. Notwithstanding any provision of this Chapter to the contrary, any consent agreement entered into by the division of charitable gaming, office of state police, Department of Public Safety and Corrections, and a manufacturer of electronic bingo dabber card devices prior to May 1, 1999, which approves and authorizes the use of electronic bingo dabber card devices as a charitable gaming supply, subject to certain conditions and requirements shall remain valid until January 1, 2000, provided that all conditions and requirements in such agreement are complied with until such date.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:719 Commercial lessor license
A. Any person leasing any premises for the conducting of charitable gaming activities shall obtain a commercial lessor's license for each premises to be licensed. A commercial lessor's license shall authorize a person to lease specific premises to licensees for the conducting of charitable gaming activities. The office, upon application and compliance with other provisions for licensure contained in this Chapter, shall issue a commercial lessor's license to qualified persons.
B. No lease or other agreement of any premises by a commercial lessor to any charitable organization for any charitable gaming session shall provide for payment in excess of the reasonable market rental rate as mutually agreed to in writing for the premises as provided in the local licensing ordinance. No lease or other agreement shall provide for rental for less than a two-hour session.
C. No commercial lessor shall require the payment of any other cost or fee from a charitable organization other than the rental amount provided for by the rental agreement or contract or charge admission fees to persons entering the premises to participate in the charitable gaming activities.
D. No commercial lessor leasing premises for authorized charitable gaming activities shall enter into any agreement with a distributor of gaming supplies for the use, purchase, promotion, or sale of charitable gaming supplies.
E. Commercial and non-commercial lessors shall be required to verify that lessees are properly licensed to conduct charitable games or games of chance authorized by the office.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2001, No. 106, §1, eff. July 1, 2001; Acts 2026, No. 940, §1.
§ 4:720 Qualifications for distributor license; additional requirements; bond; license term
A. No person shall be granted or issued a distributor license unless the applicant demonstrates to the office that the applicant is domiciled in and resides in the state of Louisiana at the time of application. If the applicant is a corporation, the applicant must demonstrate to the office that a majority of the stock of the applicant corporation is owned or controlled by individuals who are domiciled in and reside in the state of Louisiana at the time of application. The provisions of this Subsection shall apply to all applications for a distributor license.
B. The office may revoke, suspend, or condition the license of any licensed charitable organization, distributor, or manufacturer who fails to comply with any office rule, state law, or municipal or parish ordinance providing for the levy, assessment, collection, or remission of sales and use taxes.
C. The term for a license issued pursuant to the provisions of this Section shall be for three years. Any fees associated with the awarding of this license shall be paid annually as otherwise provided by this Chapter.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:721 Enforcement responsibilities
A. The office shall monitor the conduct or business of licensees, both on a routine scheduled and an unscheduled basis, to the extent necessary to ensure compliance with the provisions of charitable gaming laws and regulations of the state, particularly this Chapter.
B. In carrying out its enforcement responsibilities, the office may:
(1) Inspect and examine all premises in which charitable games of chance are conducted or supplies or equipment for such games are manufactured or distributed.
(2) Inspect all such supplies and equipment in, upon, or about such premises.
(3) Seize and remove from such premises and impound such supplies and equipment for the purpose of examination and inspection pursuant to an appropriate court order.
(4) Demand access to and audit and inspect books and records of licensees for the purpose of determining compliance with laws and regulations relative to charitable gaming.
(5) Conduct in-depth audits and investigations when warranted.
C. The office may require licensees to maintain records and submit reports as further provided in R.S. 4:716(C) and 726(D).
D.(1) In addition to license revocation or suspension or any criminal penalty imposed pursuant to R.S. 4:735(B), the office may assess a fine against any person who violates any law or regulation relative to gambling or charitable gaming. Such a fine shall be assessed only after notice and opportunity for a hearing held in accordance with the Administrative Procedure Act.
(2) Any indication of the commission of a crime established in Title 14 of the Louisiana Revised Statutes of 1950 shall be directed to the Department of Public Safety and Corrections, office of state police, for investigation and disposition by such office.
E. All departments, commissions, boards, agencies, officers, and institutions of the state and all subdivisions thereof, in particular local law enforcement entities, shall cooperate with the office in carrying out its enforcement responsibilities.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:722 Educational responsibilities
A. The office shall provide assistance to local law enforcement agencies in carrying out their responsibilities relative to enforcement of charitable gaming laws and regulations. Such assistance may include but shall not be limited to specialized training programs on such enforcement for local law enforcement personnel.
B. The office shall be responsible for educating the general public, particularly members of organizations which conduct charitable games of chance, with regard to the provisions of an interpretation of laws and regulations relative to charitable gaming. Such education may include but shall not be limited to training programs for licensees on such laws and regulations for the purpose of increasing their understanding of and compliance with statutory and regulatory requirements and restrictions.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:723 Immunity
No persons, association, or corporation
(1) Possessing, selling or in any manner disposing of, in any municipality or parish, any shares, tickets, or rights to participate in any game or games of chance conducted or to be conducted under any license lawfully issued pursuant to this Chapter,
(2) Lawfully conducting or participating in the conduct of any such game of chance, or
(3) Permitting the conduct of any such game of chance upon premises owned by him or it, of any game of chance conducted or to be conducted under any license lawfully issued pursuant to this Chapter,
shall be liable to prosecution or conviction for violation of any provision of R.S. 14:90; however, this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of any game of chance under any license obtained by any false pretense or statement made in any application for such license or otherwise, or possessing, selling, or disposing of shares, tickets, or rights to participate in, or permitting the conduct upon any premises owned by him or it of any game of chance conducted under any license known to him or it to have been obtained by any such false or fraudulent pretense or statement.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:724 Use of electronic or video bingo games
A. Electronic or video machines, hereafter termed "electronic bingo machines", for public playing of bingo may be made available at any location licensed under this Chapter for charitable bingo, provided that all requirements of this Chapter not in conflict with the provisions of this Section are met.
B. Any such electronic bingo machine shall be subject to the following requirements and restrictions concerning its operation and use:
(1) The cost of each game play shall be not less than twenty-five cents nor more than four dollars.
(2) Payout shall be not less than eighty percent and not more than ninety-four percent of the total amount wagered.
(3) The maximum prize awarded shall be not more than one thousand dollars.
(4) A machine shall dispense no cash, only tickets verifiable as valid indicating the prize amount.
(5) A machine shall play and display only the game of bingo as described in R.S. 4:707(A)(2), except that a random number generator in the machine shall replace the drawing of numbered objects from a receptacle, and may play "cover-all bingo" in which all numbers of the card must be covered. An electronic video bingo machine shall not contain entertainment display features simulating slot reels or card games.
(6) A machine shall allow the player a choice of cards on which to play and must show a "BINGO" at the end of play.
(7) A machine shall allow only a linear-based payout in which the amount of the payout follows a straight line progression in direct proportion to the amount wagered.
(8) A machine shall provide for an electronic readout giving, at a minimum, a summary of total wagers, total plays, total payout, and current prize allotment since the last date of summary or the last date of reset of the machine.
(9) A machine shall have a mechanism that accepts any denomination of cash in the form of bills or tickets verifiable as valid indicating the ticket value.
(10) No person under the age of eighteen shall assist in the holding, operation, or conducting of electronic or video bingo games.
C. An electronic bingo machine may be leased by any holder of a bingo license issued pursuant to this Chapter. However, in no case shall any lease agreement entered into authorize the lessor to receive a percentage of the receipts from the machine.
D. Only cash prizes may be awarded winners of games on an electronic bingo machine.
E. At least forty-five percent of the net win from the machine must be paid to the licensee owning or leasing it.
F. The office may adopt, pursuant to the provisions of R.S. 4:705(10)(b), additional rules and regulations governing the use of electronic bingo machines and may establish a list of manufacturers, distributors, suppliers, and lessors authorized to provide electronic bingo machines or a list of acceptable models of the machines, or acceptable serial numbers on such models or manufacturers, distributors, suppliers, or lessors.
G. The office may assess whatever fees may be necessary to carry out the purposes of this Section and the rules and regulations adopted pursuant to Subsection F.
H. Nothing in this Chapter shall prohibit a distributor of electronic bingo machines from having a representative present during the operation of their machines.
I. Nothing in this Section shall be construed to restrict the authority of local governments to restrict or prohibit the conducting of electronic video bingo.
J.(1) Any license or permit that was issued to any location for the use of electronic bingo machines on or before June 30, 2022, is a bona fide and valid license and permit under Louisiana law.
(2) Any license or permit that was issued to any distributor for the use of electronic video bingo machines on or before June 30, 2022, is a bona fide and valid license and permit under Louisiana law.
(3) The office shall not issue any license or permit to any location or to any distributor for use of electronic bingo machines after June 30, 2022.
K. Notwithstanding any other provision of this Section to the contrary, any electronic video bingo machine authorized pursuant to Subsection J of this Section which is destroyed or rendered inoperable in any manner may be replaced by an electronic video bingo machine of a similar make and model which is not in compliance with the provisions of R.S. 4:724(B)(5) even if such replacement electronic video bingo machine was purchased after August 15, 2008.
L. If any location where electronic or video bingo machines are validly licensed or permitted on or before June 30, 2022, to operate is damaged or destroyed due to an occurrence that is an act of God, natural disaster, force majeure, catastrophic event, action by a governmental body, or a similar occurrence over which the licensee or permittee has no reasonable control, the office may allow electronic or video bingo machines to operate at the same physical location.
M.(1) A location that has been licensed to conduct electronic video bingo by the office on or before June 30, 2022, may be sold or transferred to a new owner if the new owner is found suitable to hold a charitable gaming license by the office pursuant to this Chapter.
(2) Electronic video bingo machines licensed by the office on or before June 30, 2022, may be sold or transferred to a new owner if the new owner is found suitable to hold a charitable gaming license by the office pursuant to this Chapter.
N.(1) Notwithstanding any other law to the contrary, if the office is authorized by law to issue any new license or permit, the office shall not issue any new license or permit after June 30, 2022, that would allow any electronic or video bingo machine to be placed within one mile from any property on the National Register of Historic Places, any public playground, any residential property, or any building used primarily as a church, synagogue, public library, or school. The measurement of the distance shall be a straight line from the nearest point of the intended location for the electronic video bingo machine for which any license or permit is sought to the nearest point of the property on the National Register of Historic Places, the public playground, the residential property, or the building used primarily as a church, synagogue, public library, or school.
(2) The provisions of this Subsection shall not apply to either of the following:
(a) Any location that is damaged or destroyed due to an act of God, natural disaster, force majeure, catastrophic event, action by a governmental body, or a similar occurrence over which the licensee or permittee has no control.
(b) Any location licensed to conduct electronic video bingo on or before June 30, 2022.
(3) For purposes of this Subsection, "residential property" means any property that is wholly or partly used for or intended to be used for living or sleeping by human occupants and that includes one or more rooms, including a bathroom and complete kitchen facilities. "Residential property" shall include a mobile home or manufactured housing, provided that the mobile home or manufactured housing has been in its present location for at least sixty days. "Residential property" shall not include any hotel or motel.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2003, No. 602, §1, eff. July 1, 2003; Acts 2003, No. 614, §1, eff. July 1, 2003; Acts 2005, No. 373, §1; Acts 2008, No. 630, §1, eff. July 1, 2008; Acts 2022, No. 523, §1; Acts 2023, No. 285, §1, eff. July 1, 2023.
§ 4:724.1 Operation of machines
A.(1) Electronic video bingo machines may be available in any location licensed for charitable bingo.
(2) At commercial locations and non-commercial locations that rent to other charities, the machines may be played only during the times when an organization is licensed with a minimum of one member present on the premises. This time shall not exceed an eight-hour period of time per charity when a game is not being called.
B. A violation of the aforementioned provisions result in a civil violation and fine and possible revocation of license.
Acts 2020, No. 316, §1, eff. June 12, 2020.
§ 4:725 Pull-tabs
A. No organization, distributor, or manufacturer, or any representative thereof, either with knowledge or in circumstances whereunder he reasonably should have known, shall possess, display, put out for play, sell, or otherwise furnish to any person any deal of pull-tabs:
(1) In which the winning pull-tabs have not been completely and randomly distributed and mixed among all other pull-tabs in the deal;
(2) In which the location or approximate location of any of the winning pull-tabs can be determined in advance of opening the pull-tabs in any manner or by any device, including but not limited to any pattern in the manufacture, assembly, or packaging of pull-tabs by the manufacturer, by any markings on the pull-tabs or container, or by the use of a light; or
(3) Which does not conform in any respect to these requirements as to manufacturer, assembly, or packaging.
B. Effective January 1, 1986,1 a distributor shall not purchase or be furnished any deal of pull-tabs from a manufacturer of pull-tabs unless all of the following conditions are met:
(1) The manufacturer's label or trademark has been registered with the office of charitable gaming.
(2) Each individual pull-tab manufactured has conspicuously set forth on it the name of the manufacturer or a label or trademark which identifies its manufacturer.
(3) The pull-tab is of a type approved by the office of charitable gaming for use in Louisiana.
Acts 1999, No. 568, §3, eff. June 30, 1999.
1As appears in enrolled bill.
§ 4:725.1 Progressive pull-tabs
A. Notwithstanding any provision of law to the contrary, any organization licensed to hold, operate, or conduct games of chance pursuant to the provisions of this Chapter, shall be authorized to hold, operate, or conduct progressive pull-tabs pursuant to the provisions of this Section.
B. An organization authorized to hold, operate, or conduct progressive pull-tabs shall offer progressive pull-tabs only during their licensed session and shall not network or link with any other licensed organization.
C. The jackpot for progressive pull-tabs shall not exceed twenty-five thousand dollars.
D. The contribution per deal of pull-tabs for the progressive jackpot shall not exceed five hundred dollars.
E. An organization authorized to hold, operate, or conduct progressive pull-tabs shall comply with the provisions of R.S. 4:725, any other provisions of this Chapter, and any rules adopted by the office pursuant to the provisions of this Chapter.
F. The office shall adopt rules to implement the provisions of this Section. All rules shall be adopted in accordance with the Administrative Procedure Act.
Acts 2003, No. 736, §1.
§ 4:726 License for manufacturers or distributors of gaming supplies or equipment; prohibitions; requirement
A.(1) No person or other entity shall fabricate, concoct, or manufacture any supplies or equipment for use in the conduct of any game of chance authorized under this Chapter, including but not limited to bingo equipment and pull-tabs, within this state or for use within this state without having obtained a manufacturer's license from the office, as provided in R.S. 4:718. No manufacturer shall contract with a distributor, agree to, or otherwise perform any duty associated with the distribution of equipment or supplies.
(2) No person or other entity shall sell, offer for sale, or otherwise furnish any other person any supplies or equipment for use in the conduct of any game of chance authorized under this Chapter, including but not limited to bingo equipment and pull-tabs, without having obtained a distributor's license from the office, as provided in R.S. 4:718. No manufacturer shall contract with a distributor, agree to, or otherwise perform any duty associated with the distribution of equipment or supplies.
B. No person or other entity licensed as a manufacturer or distributor shall sell on behalf of the distributor or otherwise make available any such gaming supplies or equipment to any individual unless he has first determined that the individual is a licensed distributor or is acting as an agent of an organization which has a valid license issued by the office.
C. No manufacturer or distributor of gaming supplies or equipment shall directly or indirectly give gifts, trips, prizes, premiums, or other such gratuities to any charitable gaming organization, its employees, or commercial lessors other than nominal promotional items used in the conduct of charitable gaming as provided by law.
D. Each manufacturer or distributor of gaming supplies or equipment shall maintain records and submit reports as required by rules of the office. The rules may require maintenance of purchase and sale invoices of all gaming supplies and equipment manufactured or distributed, whether by sale, lease, rental, loan, or donation, to any charitable gaming organization.
E. Each distributor or manufacturer shall purchase state identification stamps from the office for supplies or equipment as required by rules of the office. Each distributor or manufacturer shall be responsible for affixing such a stamp to each such item sold or otherwise disposed of at the point of such sale or disposal.
F. Each manufacturer or distributor of gaming supplies or equipment shall be subject to the provisions of this Chapter, and all rules and regulations adopted by the office pursuant to the provisions of this Chapter.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:727 Repealed by Acts 2026, No. 940, §2.
Repealed by Acts 2026, No. 940, §2.
§ 4:728 Use of monies derived from enforcement of bingo regulations by the governing authority of Livingston Parish
Notwithstanding any other provision of law to the contrary, any monies collected by the governing authority of Livingston Parish from charitable organizations conducting bingo games in that parish pursuant to the rules and regulations of said governing authority which are in excess of the amount of monies necessary to pay the cost of adequate enforcement of such rules and regulations may be expended by said governing authority for purposes other than paying the cost of such enforcement, including but not limited to defraying the cost of operation of parish government.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:729 Fund-raising events
A. Notwithstanding any provisions of this Chapter to the contrary, a charitable organization licensed to operate, hold, or conduct any game or games of chance may enter into a contract with a private contractor who meets the qualifications prescribed by the office to conduct the operation and management of fund-raising events generally known as "casino night" or "Las Vegas night".
B. Each private contractor shall possess the skills and have the personnel and equipment available to conduct such games.
C. The contract shall stipulate that the contract price is a professional service fee based upon the equipment and personnel to be used as well as the types of games to be played. The office shall promulgate rules and regulations providing for the reasonable compensation of the contractor. The private contractor may use his own personnel only for the actual operation of the leased equipment.
D. For the purpose of this Section, "casino night" and "Las Vegas night" shall mean a charitable fund-raising event sponsored by a licensed charitable organization as defined pursuant to the provisions of R.S. 4:703. The office shall promulgate rules which specify the kinds of casino games that may be conducted and the manner in which such games shall be operated.
E. The sponsors shall sell tickets to the charitable event and each individual shall receive for each ticket purchased, in connection with the event, an equal number of chips to be used in playing the various authorized games. The sponsor may award prizes at such events.
F. The office of charitable gaming within the Department of Revenue may adopt additional rules and regulations governing such events pursuant to the provisions of R.S. 4:705(10)(b).
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:730 Use of monies derived from enforcement of bingo regulations by a municipal or parish governing authority
Notwithstanding any other provision of law to the contrary, any monies collected by the governing authority of a municipality or parish from charitable organizations conducting bingo games in that municipality or parish pursuant to the rules and regulations of said governing authority which are in excess of the amount of monies necessary to pay the cost of adequate enforcement of such rules and regulations may be expended by said governing authority for purposes other than paying the cost of such enforcement, including but not limited to defraying the cost of operation of municipal or parish government.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:731 City of New Orleans; cable television bingo; licensing; restrictions; prohibitions
A.(1) The governing authority of the city of New Orleans may license bona fide veterans, charitable, educational, religious, or fraternal organizations and civic and service clubs, which possess the appropriate nonprofit designation issued by the federal Internal Revenue Service, to hold and operate the game of chance commonly known as cable television bingo played for prizes with cards and as defined in this Subsection.
(2) For the purposes of this Section, "cable television bingo" shall mean a charitable game of chance transmitted by a cable television channel and played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers as eight or more similarly numbered objects are displayed, and the game being won by any player who covers a previously designated arrangement of numbers of such a card with any four or five numbers and a free spot.
B. Cable television bingo shall be transmitted only to the area within the jurisdiction of the city of New Orleans. Transmission of such games to any area outside the city of New Orleans shall be expressly prohibited.
C. Licensees to hold, operate, or conduct cable television bingo shall not be subject to the provisions of R.S. 4:714(A) and (B).
D. Notwithstanding any provision of this Chapter to the contrary, in particular R.S. 4:715, a charitable organization licensed to conduct cable television bingo may enter into a contract with a private contractor possessing demonstrated skills in the conduct and administration of charitable games of chance to provide for the operation and management of its games. Any such contract shall stipulate that payment to the contractor for professional services shall be in accordance with an estimated fee schedule based upon the number of cards sold and shall require the use of volunteer members of charitable organizations in the actual conduct of and assisting in the conduct of such games.
E. The office may adopt additional rules and regulations governing the operation of cable television bingo pursuant to the provisions of R.S. 4:705(10)(b). The office may also assess whatever fees may be necessary to implement this Section and the rules and regulations adopted pursuant to this Subsection.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:732 Progressive bingo
A. Notwithstanding any provision of law to the contrary, the governing authority of any parish or municipality may permit any charitable licensed organization to conduct progressive bingo or progressive mega jackpot bingo games. For the purpose of conducting a progressive bingo or progressive mega jackpot bingo game, such organizations shall:
(1) Establish electronic links or networks, on an Electronic Bingo Card Dabber Device and related system or otherwise, between locations, commercial or noncommercial, where licensed charitable bingo games are being conducted.
(2) For a progressive bingo game, deposit a predetermined amount of money not to exceed two hundred dollars per organization into a special account before each licensed call bingo gaming session. Every two-hundred-dollar contribution shall not constitute part of the total amount of prizes awarded during that session.
(3) For progressive mega jackpot bingo, contributions deposited before each gaming session shall not constitute part of the total amount of prizes awarded during that session.
B.(1) The mega jackpot for a progressive bingo game played pursuant to and in accordance with the provisions of this Section may exceed the limit established in R.S. 4:714 but shall not exceed one hundred thousand dollars, if the game is played on bingo paper, bingo cards, or by using an Electronic Bingo Card Dabber Device.
(2) The mega jackpot for a progressive mega jackpot bingo game played pursuant to and in accordance with the provisions of this Section and networked or linked together pursuant to Subsection G of this Section may exceed the limit established in R.S. 4:714 but shall not exceed thirty thousand dollars. Portions of players' contributions to progressive mega jackpot bingo games may be used for consolation prizes and to contribute to the progressive mega prize pool and shall not be considered part of the limit established in R.S. 4:714.
C. If required, such games shall be offered in accordance with rules and regulations adopted by the governing authority of each municipality or the parish which issued a license to any respective organization which participates in a progressive mega jackpot bingo game, and in accordance with the rules and regulations adopted by the office in Subsection D of this Section.
D. The office shall adopt rules and regulations governing progressive bingo and progressive mega jackpot bingo games to ensure compliance with the provisions of this Chapter and any additional regulations of the state relative to charitable gaming laws.
E. Any licensed charitable organization or organizations playing at the same location may conduct progressive bingo games in accordance with rules established and in effect on August 15, 1995, and as follows:
(1) Any such organization or organizations which conduct progressive bingo games in accordance with this Subsection may offer a second progressive bingo game, in addition to the game authorized in this Subsection.
(2) Any such organization or organizations which conduct progressive bingo games in accordance with this Subsection may establish a maximum jackpot or cap for each progressive bingo game offered by the organization. The participating organizations may continue contributions to the Charitable Gaming Progressive Jackpot Account to accumulate a backup jackpot which may be applied to either or both progressive games.
(3) The dollar amount of each jackpot cap shall be continuously and conspicuously displayed along with the current dollar amount of the progressive jackpot.
(4) The second progressive jackpot game may be added to any call bingo game played during a bingo session.
(5) During the course of a progressive jackpot, the participating organizations may, prior to a jackpot win, raise but not lower the jackpot cap. In the event that the jackpot cap is raised, contributions in the amount of two hundred dollars per game shall recommence.
F. Repealed by Acts 2005, No. 373, §2.
G. Organizations may network or link together, including through the use of an Electronic Bingo Card Dabber Device to conduct progressive mega jackpot bingo games, as provided in Paragraph (A)(1) of this Section, provided the local governing authority of each parish has authorized the conducting of such games in the parish.
H. Eighty percent of the net win from the progressive bingo and progressive mega jackpot bingo games shall be paid to the charitable organization as defined in R.S. 4:703. Twenty percent of the net win from the progressive bingo and progressive mega jackpot bingo games shall be paid to the distributor as defined in R.S. 4:703.
I. Sales of progressive mega jackpot bingo on an Electronic Bingo Card Dabber Device for any organization shall not exceed thirty games per hour. The office may suspend the sales of progressive mega jackpot bingo for any organization that violates the provisions of this Subsection until the organization becomes compliant.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2001, No. 730, §1, eff. June 25, 2001; Acts 2005, No. 373, §§1, 2; Acts 2017, No. 214, §1; Acts 2022, No. 523, §1.
§ 4:733 Electronic pull-tab devices
A.(1) Electronic or video machines, hereafter termed "electronic pull-tab devices", and defined in Paragraph (2) of this Subsection, for public playing of pull-tabs may be made available at any locations licensed under this Chapter for charitable gaming, provided that all requirements of this Chapter not in conflict with the provisions of this Section are met.
(2) "Electronic pull-tab device" means any unit, mechanism, or device authorized pursuant to the provisions of this Chapter, that, upon insertion of cash, produces electronic facsimiles of pull-tab tickets or cards and is available to play or simulate the play of the game of pull-tabs as described in R.S. 4:703(3), utilizing a cathode ray tube or video display screen and microprocessors in which the player may win games or credits that can be redeemed for cash only. The term does not include a device that directly dispenses coins, cash, tokens, or anything else of value, except the ticket voucher required in accordance with the provisions of this Chapter.
B. Each device shall:
(1) Be inspected by the office or its designee for certification and compliance.
(2) Be connected with a system consisting of player operated terminals and a self-contained control computer.
(3) Not have any device or program that will alter the reading of the values or amounts of play to reflect values or amounts other than actually played or any switches, jumpers, wire posts, or any other means of manipulation that could affect the operation or outcome of a game.
(4) Not have any device, switch, program, or function that can alter the readings of the actual amounts or values relating to any function or occurrence of the device.
(5) Have separate secure areas with locking doors for the game logic board and software, the cash compartment, and the mechanical meters as required by the rules and regulations of the office. These areas must be locking and separated. Access to one from the other must not be allowed at any time.
(a) The device must be capable of printing a ticket voucher for the player at the completion of each game. If credits are owed the player, the ticket must contain each of the following:
(i) The name of the location licensed to conduct charitable gaming.
(ii) The name of the municipality or parish in which the location licensed to conduct charitable gaming is located.
(iii) The value of the prize in numbers.
(iv) The value of the prize in words.
(v) The time of day, in hours and minutes in a twenty-four-hour format.
(vi) The date.
(vii) The device license number or serial number up to eight digits.
(viii) The sequential number of the ticket voucher.
(ix) An encrypted validation number from which the validity of the prize can be determined.
(b) The device may have a mechanism that accepts cash in the form of bills with a denomination not to exceed ten dollars.
(c) An exact copy of each printed ticket voucher must be printed and retained within the device.
(d) The device must have nonresettable mechanical meters housed in a secure compartment that keep a permanent record of all of the following:
(i) Total coins accepted.
(ii) Total credits generated by the bill acceptor if the device has a bill acceptor.
(iii) Total credits played by players.
(iv) Total credits won by players.
(v) Total credits printed out by the ticket voucher printer.
(e) The device must contain electronic metering using meters that record all of the following:
(i) Total coins in the coin acceptor or acceptors and, if the device has a bill acceptor, the total credits generated by the bill acceptor.
(ii) Total credits in, total credits played, total credits won, and total credits paid.
(iii) Total errors from the logic board random access memory.
(iv) Total examination of electronic meters.
(f) The device may not have any functions or parameters adjustable by or through any separate video display or input codes, except for the adjustment of features that are wholly cosmetic.
(g) The device must issue, by activation of an external switch, an accounting ticket containing a performance synopsis of the device. The ticket must contain:
(i) The name of the location licensed to conduct charitable gaming.
(ii) The name of the city, town, or parish in which the location licensed to conduct charitable gaming is located.
(iii) The license number of the device.
(iv) The time of day, in hours and minutes in a twenty-four-hour format.
(v) The date.
(vi) A circuit-interrupting device, method, or capability which will disable the machine if the office-approved program is accessed or altered.
(h) The device must be linked by telecommunication to a central computer for purposes of polling or reading device activities and for central computer remote shutdown of device operations.
(6) Each electronic pull-tab device shall have a serial number or other identification number permanently affixed to the device by the manufacturer.
C. The office may provide for additional specifications for devices to be approved and authorized pursuant to the provisions of this Chapter as it deems necessary to maintain the integrity of electronic pull-tab devices and operations. The office shall not provide for any additional specifications which would have the effect of reducing to fewer than four the number of manufacturers who make devices that meet the specifications of this Chapter.
D. A device may not allow more than two dollars to be placed on a game or award won games or credits in excess of the value of five hundred dollars.
E. The office shall prescribe the expected payback value of one credit played to be at least eighty percent of the value of a credit. Each electronic pull-tab device must have an electronic accounting device that the office may use to verify the winning percentage. The office may not publish or otherwise disseminate income figures and other statistics obtained in the payback verification process or contained in payback verification reports in a manner that allows or helps a person to identify a particular device or to match a particular device with a particular income or statistic except as is required for enforcement of the provisions of this Chapter.
F. An electronic pull-tab device may be leased by any charitable organization licensed by the office.
G. At least sixty percent of the net win from the device must be paid to the charitable organization leasing it. No more than ten percent of the net win from the device may be paid to the commercial lessor leasing the premises at which the devices are located.
H. The office shall adopt any additional rules and regulations necessary to govern the specification, use, and operation of electronic pull-tab devices and shall establish a list of manufacturers, distributors, suppliers, and lessors authorized to provide electronic pull-tab devices or a list of acceptable models of the devices, acceptable serial numbers on such models or manufacturers, distributors, suppliers, or lessors. All rules shall be adopted pursuant to the Administrative Procedure Act except that all rules shall also require the affirmative approval of the House Committee on Administration of Criminal Justice and the Senate Committee on the Judiciary, Section B.
I. Notwithstanding any provision of law to the contrary, a facility licensed to conduct charitable gaming may not place more than thirty-five electronic machines or devices licensed to conduct charitable gaming at the facility.
J. Any licensed charitable organization operating more than fifteen electronic pull-tab devices as provided by this Section shall not offer for play pull-tabs as provided in R.S. 4:725.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:734 Sale of tickets at fund-raising event
Notwithstanding any provision of this Chapter to the contrary, a candidate for public office, as provided for in R.S. 18:1483(3), or his principal campaign committee, as provided for in R.S. 18:1483(15), may conduct a fund-raising activity involving the sale of tickets which afford the purchaser an opportunity to win a door prize, raffle, or similar gift or prize.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:735 Violations; penalties
A. Any person, association, or corporation which violates any provision of this Chapter including the specifically enumerated acts contained in Subsection B of this Section or any rule or regulation of the office shall be subject to a civil penalty imposed by the office as further provided in R.S. 4:721 and to suspension or revocation of its license as further provided in R.S. 4:705.
B. Any person, association, or corporation which commits any of the following acts shall, upon conviction, be subject to a criminal penalty, and be fined not more than five thousand dollars or imprisoned for one year, or both:
(1) Making any false statement in any application for a license under this Chapter or a license issued pursuant to R.S. 4:718.
(2) Holding, operating, or conducting any game of chance either without a license issued by a parish or municipal governing authority or without a license issued by the office.
(3) Knowingly falsifying or making any false entry in any books or records with respect to any transaction connected with the holding, operating, and conducting of any game of chance.
(4) Refusing to allow the licensing parish or municipal governing authority or the office access to any premises where a game of chance is being conducted or to any record or book relative to gaming activity.
(5) Intentionally causing, aiding, abetting, or conspiring with another to cause any person to violate any provision of this Subsection. In addition to suffering any such penalty which may be imposed, a licensee shall forfeit any license issued to it under this Chapter.
(6) Offering for sale, lease, rental, or furnishing in any other manner whatsoever, any electronic video bingo machine, or part, component, or supply, intended for use therewith except an authorized manufacturer, supplier, or distributor pursuant to R.S. 4:724(F) and R.S. 4:733(H).
(7) Possessing any electronic video machine or component, parts, or supplies intended for use therewith except manufacturers, distributors, or lessors and organizations licensed by a municipality or parish to conduct electronic video bingo who are in possession of such machines under the provisions of R.S. 4:724 and R.S. 4:733 and the rules and regulations adopted pursuant to R.S. 4:724(F) and R.S. 4:733(H).
(8) Possessing, displaying, selling, or otherwise furnishing to any person any deal pull-tabs except as provided for in R.S. 4:725.
(9) Using net gaming proceeds in whole or in part for any uses other than educational, charitable, patriotic, religious, or public spirited purposes. For purposes of this Section "net gaming proceeds" shall not include accounting or other professional services not otherwise prohibited by R.S. 4:715(A)(6).
C. Any person, association, or corporation which violates any other provision of this Chapter not listed in Subsection B may be imprisoned for not more than six months or fined not more than five hundred dollars, or both.
D.(1) It shall be unlawful for any person associated or affiliated with a charitable gaming licensee to benefit from any part of the net gaming proceeds of that charitable gaming licensee.
(2) The provisions of this Subsection shall not apply to a contribution or disbursement of net gaming proceeds made to, or for the direct benefit of, a group or activity provided that both of the following occur:
(a) The contribution or disbursement is not in violation of Paragraph (B)(9) of this Section.
(b) Not more than one-half of the participants of the group or activity receiving the contribution are members or immediate family members of members of the charitable gaming licensee making the contribution or disbursement.
(3) For purposes of this Subsection, "net gaming proceeds" shall not include accounting or other professional services not otherwise prohibited by R.S. 4:715(A)(6).
(4) The provisions of this Subsection shall not be construed to limit or impair the payment of compensation to bingo workers for working bingo games as provided by R.S. 4:715(A)(2)(b).
(5) Whoever violates the provisions of this Subsection may be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than one year, or both.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2012, No. 710, §1.
§ 4:736 Legal representation of the office; attorney general
Notwithstanding any other provision of law to the contrary, the attorney general shall be the legal advisor to the office and, except as otherwise provided by law, shall counsel and advise the office, shall represent it in all legal proceedings, and shall prosecute any civil action for a violation of the provisions of this Chapter or the rules and regulations of the office. The office shall compensate the attorney general for representation of the office.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:737 Venue; trial de novo; appeals
Notwithstanding any other provision of law to the contrary, the venue for judicial review or appeal from any administrative proceeding involving a charitable gaming licensee or license applicant or a petition for a stay as provided for in R.S. 49:978.1(C) or for recovery under R.S. 49:980 or other injunctive relief shall be the domicile of the licensee or applicant. The petition for judicial review or appeal from an administrative proceeding involving a licensee or licensee applicant under this Chapter shall be filed in the district court of the parish of the domicile of the licensee or applicant within sixty days of the mailing of the notice of the adverse administrative decision. Upon timely filing of the petition of the charitable organization, judicial review shall be by trial de novo and conducted by summary procedure. Evidence of warnings issued by the office to a charitable organization on matters which are not the subject of the administrative proceeding under review shall not be admissible in the trial de novo. The provisions of this Section shall be procedural in nature.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:738 Toll-free telephone assistance for compulsive gamblers; posting of signs on premises
The office shall require the posting of one or more signs on licensed premises at points of entry into the areas where organizations licensed under this Chapter are conducting games of chance authorized under the provisions of R.S. 4:707(A)(2), (3), and (4), 732, and 733 to inform patrons of a toll-free telephone number available to provide information and referral services regarding compulsive or problem gambling. Failure by the owner of the licensed premises to post and maintain such a sign or signs shall be cause for the imposition of a fine not to exceed one thousand dollars per day.
Acts 1999, No. 568, §3, eff. June 30, 1999.
§ 4:739 Use of electronic bingo card dabber devices
A.(1) Electronic bingo card dabber devices, hereafter referred to as electronic dabber devices, and defined in Paragraph (2) of this Subsection, for the public playing of bingo, progressive bingo, or progressive mega jackpot bingo may be made available at any location licensed under the provisions of this Chapter provided that all requirements of this Section and all requirements of this Chapter not in conflict with this Section are met. Electronic bingo dabber devices shall not be construed to be electronic video bingo machines or electronic pull-tab devices. Electronic bingo dabber devices shall not offer for play the games authorized by the provisions of R.S. 4:724 or 733.
(2) "Electronic Bingo Card Dabber Device", or "Electronic Dabber Device", or "EBCDD" means an electronic device used by a bingo player to monitor bingo cards purchased and electronically mark bingo cards downloaded into the device, at the time and place of the licensed charitable bingo session, and which:
(a) Provides a means to bingo players to electronically mark numbers announced by the bingo caller.
(b) Compares numbers called to the numbers contained on bingo cards for that session previously stored in the data base of the device.
(c) Identifies winning bingo patterns.
(d) Signals the bingo player when a winning bingo pattern is waiting or received.
(e) Will not accept coins, currency, or tokens to activate play. Nothing in this Paragraph shall prohibit the Electronic Bingo Card Dabber Device and related systems from tracking a player's accounts and credits.
(f) Provide a means for all accounting functions related to bingo or progressive or progressive mega bingo games.
(3)(a) The electronic dabber device shall be capable of use with disposable bingo paper or other approved bingo paper which shall be downloaded into the device prior to the start of each game. If disposable paper is used, only disposable bingo paper produced by licensed manufacturers shall be used with electronic dabber devices. Such disposable bingo paper shall be unique and for use exclusively with an electronic dabber device so that such paper cannot be used in play without the device. No more than one hundred forty-four faces shall be entered for play of any one game at a session.
(b) Each electronic dabber device shall be capable of clearing all disposable bingo card faces downloaded into the device for a specific session upon turning the device off after the last game of the session has been played.
(c) No electronic dabber device shall allow a player to design or redesign bingo cards by generating, arranging, rearranging, or otherwise placing numbers on a card.
B.(1) A manufacturer shall sell, rent, lease, or otherwise supply or provide any electronic dabber device only to a licensed distributor. Devices shall be delivered directly to the distributor's facility. Contracts for sale, rent, lease, or other provision of electronic dabbing device shall be negotiated by a licensed distributor.
(2) No manufacturer shall sell, rent, lease, or otherwise supply or provide any electronic dabber device to any commercial lessor or his immediate family.
C.(1) A distributor shall sell, rent, lease, or otherwise supply or provide any electronic dabber device only to a licensed charitable organization, qualified association of licensed charitable organizations, or licensed distributor.
(2) No distributor shall sell, rent, lease, or otherwise supply or provide any electronic dabber device to any commercial lessor or his immediate family.
(3) Unless otherwise provided by rules and regulations adopted pursuant to this Chapter, each distributor may have at least one employee on site during use of its devices. The licensed distributor shall request payment from the licensed organization immediately after each session in an amount equal to the rental price multiplied by the number of devices used, rented, leased, or otherwise supplied or provided at the session, plus applicable taxes and fees. Payment shall be made by check payable only from the licensed organization's gaming account and made payable only to the licensed distributor immediately after each session.
D.(1) No commercial lessor or his immediate family shall own or offer for sale, rent, lease, or otherwise supply or provide to anyone any electronic dabber device.
(2) No entity, any officer, director, or owner of more than two percent of such enterprise which serves as a commercial lessor or the immediate family of any individual referred to in this sentence shall own, sell, rent, lease, or otherwise supply or provide to anyone any electronic dabber device or accept remuneration for storage thereof.
E.(1), (2) Repealed by Acts 2022, No. 523, §2.
(3) Each device shall be returned at the conclusion of each session and all cards or faces downloaded for play for the concluded session shall be cleared.
F. The office shall adopt any additional rules and regulations necessary to govern the specifications, use, and operation of electronic dabber devices and their related systems, and shall establish a list of manufacturers, distributors, and suppliers authorized to provide electronic dabber devices or a list of acceptable models of the devices, acceptable serial numbers on such models, or manufacturers, distributors, or suppliers.
Acts 1999, No. 568, §3, eff. June 30, 1999; Acts 2004, No. 874, §1; Acts 2015, No. 168, §1, eff. June 23, 2015; Acts 2017, No. 214, §1; Acts 2022, No. 523, §2.
§ 4:740 Session defined
A. A session represents authorized games of chance played within a time limit not to exceed eight consecutive hours. A licensee may operate no more than five premises for the purpose of charitable gaming activities; however, each licensee may only have one session at each premise per twelve-hour period. A session of keno or bingo when the licensee possesses a special license is limited to eight consecutive hours. Sessions are limited to not more than one session per calendar day per premises. Organizations are not allowed to begin their session until the stated time on their license issued by the office.
B. Selling of pull-tabs, bingo paper, or bingo cards constitutes the beginning of a session.
C. In no instance shall two organizations be allowed to conduct sessions simultaneously at the same location.
Acts 2003, No. 603, §1; Acts 2020, No. 316, §1, eff. June 12, 2020; Acts 2022, No. 523, §1.
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