1. (a) The following classes of persons are prohibited from participating in pari-mutuel wagering and from being present within any inclosure during a recognized race meeting:

   1. (1) Persons who have engaged in any act of or who have been convicted of bookmaking or illegal wagering.
   2. (2) Persons who have engaged in any act of or who have been convicted of touting.
   3. (3) Persons who have engaged in or who have been convicted of an illegal, corrupt or fraudulent act in connection with horseracing or pari-mutuel wagering.
   4. (4) Persons who have engaged in any act of or who have been convicted of theft from the person (pickpockets).
   5. (5) Persons who have submitted to be cashed any altered, raised, forged or counterfeit pari-mutuel ticket.
   6. (6) Persons whose license has been revoked by the Board or by any State Horse Racing Commission.

2. (b) For the purposes of this section:

   1. (1) Bookmaking includes, but is not limited to, any act prohibited by Section 337a of the Penal Code or by Section 19595 of the Business and Professions Code.
   2. (2) Illegal wagering includes, but is not limited to, any act prohibited by Sections 319 through 336, inclusive, of the Penal Code.
   3. (3) Touting includes any act prohibited by Section 337.1 of the Penal Code; and further includes offering to furnish information concerning a selection of a horse for wagering purposes, or predicting the outcome of a race for wagering purposes, in exchange for a pari-mutuel ticket or other consideration which is contingent on the outcome of the race; or soliciting compensation or a gratuity either before or after a race for any racing information, racing selection or racing prediction for wagering purposes, except in the manner permitted by law.
   4. (4) Corrupt or fraudulent acts include, but are not limited to, any act prohibited by Sections 337b through 337i, inclusive, 337.3, 337.6, 337.7 or 337.8 of the Penal Code.

Note: Authority cited: Section 19572, Business and Professions Code. Reference: Sections 19410, 19572, 19574 and 19595, Business and Professions Code; and Sections 319-336, 337a, 337.1, 337.3, 337.6, 337.7 and 337.8, Penal Code.

History

1. Amendment of section and new Note filed 4-11-94; operative 5-11-94 (Register 94, No. 15).

2. Repealer and new subsection (a)(6) and repealer of subsections (a)(7) and (a)(8) filed 1-24-97; operative 2-23-97 (Register 97, No. 4).

3. Change without regulatory effect amending section filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).