Virginia Code

Va. Code Ann. § 59.1-382 (2026)

Issuance of operator's license

✓ current as of May 2026
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The Commission shall promptly consider any application for an operator's license and grant a valid operator's license to applicants who meet the criteria set forth in this chapter and established by the Commission. The Commission shall deny a license to any applicant, unless it finds:

1. That such applicant is a corporation organized under Title 13.1 or comparable law of another state, and qualified to do business in Virginia;

2. That, if the corporation is a stock corporation, all principal stockholders have submitted to the jurisdiction of the Virginia courts and all nonresident principal stockholders have designated the Executive Secretary of the Commission as their agent for process, and further, that an application shall also contain information as required by § 59.1-377;

3. That the applicant's articles of incorporation provide that the corporation may, on vote of a majority of the stockholders or members, purchase at fair market value the entire membership interest of any stockholder, or require the resignation of any member, who is or becomes unqualified for such position under § 59.1-379;

4. That the applicant would be qualified for a license to own such horse racetrack or satellite facility under the provisions of §§ 59.1-378 and 59.1-379;

5. That the applicant has made provisions satisfactory to the Commission for the detection and prosecution of any illegal, corrupt or fraudulent act, practice or conduct in connection with any race meeting or pari-mutuel wagering, that the applicant has made provision for membership in the Thoroughbred Racing Association or other equivalent applicable association, and that the applicant shall utilize the services of the Thoroughbred Racing Protective Bureau or any other protective agency acceptable to the Virginia Racing Commission;

6. That the applicant has met the criteria established by the Commission for the granting of an operator's license.

1988, c. 855; 1991, c. 591; 1992, c. 820.

Notes of Decisions
Cited in 2 cases, 1995–1996 · leading case: Virginia Jockey Club, Inc. v. Virginia Racing Comm'n, 469 S.E.2d 70 (Va. Ct. App. 1996).
Virginia Jockey Club, Inc. v. Virginia Racing Comm'n, 469 S.E.2d 70 (Va. Ct. App. 1996). · cites it 32× “Because the commission awarded the operator's license to a corporation, a ruling on this issue would not affect the outcome of the controversy. "'The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried…”
Virginia Jockey Club, Inc. v. Virginia Racing Comm'n, 36 Va. Cir. 366 (Richmond County Cir. Ct. 1995). · cites it 4× “Ostensibly even more emphatic is § 59.1-382, which deals with the issuance of operators’ licenses, and which provides, in pertinent part: The Commission shall deny a license to any applicant, unless it finds: 1.”
Va. Code Ann. § 59.1-382(1): 2 cases
Virginia Jockey Club, Inc. v. Virginia Racing Comm'n, 469 S.E.2d 70 (Va. Ct. App. 1996). “Because the commission awarded the operator's license to a corporation, a ruling on this issue would not affect the outcome of the controversy. "'The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried…”
Virginia Jockey Club, Inc. v. Virginia Racing Comm'n, 36 Va. Cir. 366 (Richmond County Cir. Ct. 1995). “Ostensibly even more emphatic is § 59.1-382, which deals with the issuance of operators’ licenses, and which provides, in pertinent part: The Commission shall deny a license to any applicant, unless it finds: 1.”
Va. Code Ann. § 59.1-382(5): 1 case
Virginia Jockey Club, Inc. v. Virginia Racing Comm'n, 469 S.E.2d 70 (Va. Ct. App. 1996). “Because the commission awarded the operator's license to a corporation, a ruling on this issue would not affect the outcome of the controversy. "'The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried…”
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