Ohio Rev. Code » Chapter 3769
Ohio Revised Code

Ohio Rev. Code § 3769.03 (2026)

Rules and conditions - licenses - operating fund - report to governor

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Effective:
April 9, 2025
Latest Legislation:
House Bill 238 - 135th General Assembly
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The state racing commission shall prescribe the rules and conditions under which horse racing may be conducted and may issue, deny, suspend, diminish, or revoke permits to conduct horse racing as authorized by sections 3769.01 to 3769.14 of the Revised Code. The commission may impose, in addition to any other penalty imposed by the commission, fines in an amount not to exceed ten thousand dollars on any permit holder or any other person who violates the rules or orders of the commission. The commission may prescribe the forms of wagering that are permissible, the number of races, the procedures on wagering, and the wagering information to be provided to the public.

The commission may require totalizator equipment to display the amount of wagering in each wagering pool. The commission shall initiate safeguards as necessary to account for the amount of money wagered at each track in each wagering pool. It may require permit holders to install equipment that will provide a complete check and analysis of the functioning of any computers and require safeguards on their performance. The commission shall require all permit holders, except those holding state fair, county fair, or other fair permits, to provide a photographic recording, approved by the commission, of the entire running of all races conducted by the permit holder.

The state racing commission may issue, deny, suspend, or revoke licenses to those persons engaged in racing and to those employees of permit holders, as described in section 3769.031 of the Revised Code. The commission, as is in the public interest for the purpose of maintaining proper control over horse-racing meetings, also may rule any person off a permit holder's premises.

There is hereby created in the state treasury the state racing commission operating fund. All license fees established and collected by the commission pursuant to this section or section 3769.031 of the Revised Code, and the amounts specified in divisions (B) and (C) of section 3769.08 and division (A)(5) of section 3769.087 of the Revised Code, shall be paid into the state treasury to the credit of the fund. Moneys in the fund shall be expended by the commission to defray its operating costs, salaries and expenses, and the cost of administering and enforcing this chapter.

The commission may deny a permit to any permit holder that has defaulted in payments to the public, employees, or the horsemen and may deny a permit to any successor purchaser of a track for as long as any of those defaults have not been satisfied by either the seller or purchaser.

The commission shall deny a permit to any permit holder that has defaulted in payments to the state or has defaulted in payments required under section 3769.089 or 3769.0810 of the Revised Code and shall deny a permit to any successor purchaser of a track for as long as those defaults have not been satisfied by either the seller or purchaser.

The commission may sue and be sued in its own name. Any action against the commission shall be brought in the court of common pleas of Franklin county. Any appeal from a determination or decision of the commission rendered in the exercise of its powers and duties under this chapter shall be brought in the court of common pleas of Franklin county.

The commission, biennially, shall make a full report to the governor of its proceedings for the two-year period ending with the thirty-first day of December preceding the convening of the general assembly and shall include its recommendations in the report. The commission, semiannually, on the thirtieth day of June and on the thirty-first day of December of each year, shall make a report and accounting to the governor.

Last updated January 17, 2025 at 3:29 PM

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1960–2026 · leading case: Cowans v. Ohio State Racing Comm., 2014-Ohio-1811, 11 N.E.3d 1215.
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Cowans v. Ohio State Racing Comm., 2014-Ohio-1811, 11 N.E.3d 1215. · cites it 6× “" The Commission enacted Ohio Adm.Code 3769-7-44(A) which states in part "the cost of such witnesses and all other necessary costs of the hearing shall be borne by the licensee found in violation.”
State ex rel. Walgate v. Kasich (Slip Opinion), 2016-Ohio-1176, 59 N.E.3d 1240. · cites it 2× “R.C. 3769.03. The clerks alleged that the commission did not receive license fees from all persons participating in the racing industry because it failed to require licensure of certain 17 SUPREME COURT OF OHIO individuals that participated in racing.”
Racing Guild of Ohio, Local 304 v. Ohio State Racing Comm'n, 503 N.E.2d 1025 (Ohio 1986). “Pursuant to R.C. 3769.03, the clerks provide funding for the commission’s operation through the contribution of their license fees into the commission’s operating account of the state’s special revenue fund.”
Zollinger v. Ohio State Racing Comm'n, 729 N.E.2d 808 (Ohio Ct. App. 4th Dist. 1999). · cites it 3× “091, and R.C. 3769.03, all of which authorize the stewards to impose additional sanctions upon Zollinger.”
Bresnik v. Beulah Park Ltd. P'ship, Inc., 617 N.E.2d 1096 (Ohio 1993). “R.C. 3769.03 provides as follows: “The state racing commission shall prescribe the rules and conditions under which horse racing may be conducted * * *.”
Northfield Park Assocs. v. Ne. Ohio Harness, 521 N.E.2d 466 (Ohio Ct. App. 8th Dist. 1987). “R.C. 3769.03 specifically provides, in pertinent part: “With respect to the issuance, denial, suspension, or revocation of a license to a participant in horse racing, the action of the commission shall be subject to Chapter 119.”
State Racing Comm'n v. Robertson, 172 N.E.2d 628 (Ohio Ct. App. 10th Dist. 1960). · cites it 10× “The specific charge before the commission reads as follows: “In that the said Kenneth Robertson did enter a plea of guilty and was convicted in Bedford Municipal Court on October 20, 1958, to the charge of petit larceny at 909 Broadway Avenue, Bedford, Ohio, about 11:00 p.”
Haehn v. Ohio State Racing Comm'n, 614 N.E.2d 833 (Ohio Ct. App. 10th Dist. 1992). “Pursuant to R.C. 3769.03, the commission has the authority to prescribe the rules and conditions under which horse racing may be conducted, and may issue, .”
Dewbre v. Ohio State Racing Comm'n, 476 N.E.2d 667 (Ohio Ct. App. 12th Dist. 1984). · cites it 2× “The Ohio State Racing Commission is granted the authority to license and control horse racing “* * * as is in the public interest for the purpose of maintaining a proper control over horse-racing meetings.”
Hodkinson v. Ohio State Racing Comm'n, 2017-Ohio-7494, 96 N.E.3d 1178. · cites it 4× “" To this end, the commission "may issue, deny, suspend, or revoke licenses to those persons engaged in racing and to those employees of permit holders as is in the public interest for the purpose of maintaining a proper control over horse-racing meetings.”
Groves v. Ohio State Racing Comm., 2020-Ohio-1250. “R.C. 3769.03 provides that "[w]ith respect to the issuance, denial, suspension, or revocation of a license to a participant in horse racing, the action of the commission shall be subject to [R.”
Pokornowski v. Ohio State Racing Comm., 2019-Ohio-4264. · cites it 4× “R.C. 3769.03 provides that "[w]ith respect to the issuance, denial, suspension, or revocation of a license to a participant in horse racing, the action of the commission shall be subject to [R.”
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