Current through Register Vol. 41, No. 14, April 7, 2022
who secures an occupation license shall be deemed to consent, as a condition of
the license, to a search without warrant, by the commission's security
personnel or by the agents of the Kansas bureau of investigation, of:
(1) The licensee's person while the licensee
is within the race track facility; and
(2) the licensee's personal property or work
area that is within the race track facility.
(b) Each applicant who secures a
concessionaire license shall be deemed to consent, as a condition of the
license, to the conduct of a search without warrant of the licensee's work area
and personal property and the persons of its owners, officers and employees by
the commission's security personnel or by the agents of the Kansas bureau of
investigation while the licensee is engaged in business within the race track
(c) Each occupation
licensee's or concessionaire licensee's consent to a search shall apply only to
the commission's security personnel or agents of the Kansas bureau of
investigation investigating possible criminal violations of the Kansas racing
act or these racing regulations.
Each agency conducting a search without
warrant in compliance with this regulation shall provide the licensee searched
with a post-search written notice and receipt of:
(1) Date and time of search;
(2) places and items searched; and
(3) items seized.
(e) When an agency, in compliance with this
regulation, is to search an area containing racing animals, the agency shall,
to the extent permitted by the circumstances, provide notice to the person
responsible for the area so that this person can observe the search.
Kan. Admin. Regs. §
Authorized by and
implementing K.S.A. 1988 Supp.
74-8817; effective, T-112-2-23-89,
Feb. 23, 1989; effective June 19, 1989; amended March 19, 1990.