Virginia Law

A. The provisions of this section establish a technical framework for holders of a limited license to permit authorized visitors who are not otherwise required to hold a permit to access designated nonsecure areas of a racetrack enclosure under specific conditions and protocols approved by the commission. This technical rule prescribes controlled access to certain common areas of an enclosure to ensure the proper and fair conduct of live horse racing at licensed meetings. The provisions of this section are intended to support the promotion, sustenance, and growth of the horse racing industry in the Commonwealth.

B. The following terms when used in this section shall have the following meanings:

1. "Authorized visitor" means an individual who does not meet the definition of participant pursuant to § 59.1-365 of the Code of Virginia requiring a permit from the commission under § 59.1-387 A of the Code of Virginia, but who has a legitimate purpose for accessing designated nonsecure areas of a racetrack enclosure, as defined by a protocol established by the licensed racetrack and approved by the commission. Such individuals may include those considering investing in racehorses, students and educators from equine programs, journalists and content creators, and participants in organized tours.

2. "Designated nonsecure areas" means any area of a racetrack enclosure, such as the stable area and paddock, that are identified by the licensed racetrack in its protocol and approved by the commission as accessible to authorized visitors and are distinct from restricted areas critical to the integrity of racing where only licensed participants with permits should be allowed, as determined by the stewards. Designated nonsecure areas are within the enclosure as defined by § 59.1-365 of the Code of Virginia.

C. A limited licensee must establish a written protocol for granting access to designated nonsecure areas of the licensee's enclosure to authorized visitors. Such protocol shall be subject to the review and approval of the commission prior to implementation.

D. Each protocol established for authorized visitor access must include, at a minimum, the following elements:

1. The protocol must clearly define the categories of individuals who may be considered authorized visitors and the legitimate purposes for access by those visitors.

2. The racetrack must clearly delineate the specific areas within the enclosure that would be accessible to authorized visitors under this protocol. These areas must be designated nonsecure areas and distinct from restricted areas.

3. The protocol should outline a clear procedure for authorizing visitors, which includes registration, identity verification, the issuance of temporary credentials that are distinct from commission-issued permits, and an escort by authorized racetrack personnel, if applicable.

4. The protocol must specify the expected conduct of authorized visitors while within the designated areas, emphasizing adherence to track rules and respect for racing operations and personnel.

5. The protocol should define any limitations on visitor access, such as specific days or times when access is permitted, the duration of visits, and any restrictions on visitor interaction with horses or racing participants without explicit authorization.

6. The racetrack must demonstrate how the proposed protocol will maintain the security and integrity of racing, ensuring that authorized visitor access does not compromise the safety of horses or individuals or the fairness of competition. This may involve enhanced monitoring, designated access points, and clear demarcation of visitor areas.

7. The protocol should include provisions for training racetrack staff on the procedures for managing authorized visitors and ensuring compliance with the established guidelines.

E. Nothing in this section shall be construed to limit the commission's authority under § 59.1-364 B of the Code of Virginia to grant or deny entrance to any place where racing or wagering is conducted or the commission's authority under § 59.1-369.1 of the Code of Virginia to eject or exclude any person from the enclosure whose conduct or reputation may reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of horse racing. This authority extends to any authorized visitors granted access under an approved protocol.