11 CSR 45-51.030 - Applicant's Affidavit
(1) The application for Class A license must
be accompanied by an affidavit of the chief administrative officer.
(A) As used in section (1) of this rule,
chief administrative officer means-
1. The
president of a corporation;
2. The
managing partner or a partnership;
3. The general partner of a limited
partnership; and
4. The individual
of a sole proprietorship.
(B) If a consortium of financial participants
is applying for a license and no formal chief administrative officer exists,
the chief administrative officer of the largest financial participant shall
sign the application.
(2)
The affidavit required by this rule shall set forth-
(A) The application is made for a Class A
license to own a track which will conduct pari-mutuel wagering;
(B) The affiant is the agent of the applicant
and is duly authorized to make the representations in the application on behalf
of the applicant.
1. Documentary evidence of
the authority of the agent must be attached to the affidavit and incorporated
in it.
2. Documentary evidence may
consist of-
A. A resolution of the board of
directors of a corporation;
B. The
partnership agreement of a limited partnership designating the affiant as the
general partner;
C. The partnership
agreement of a general partnership designating the individual as the managing
partner;
D. The fictitious name
filing for a sole proprietorship; and
E. Any other document evidencing
authority;
(C)
The applicant consents to inquiries by the Missouri Horse Racing Commission,
its employees, staff and agents into the financial, character and other
qualifications of the applicant;
(D) That the applicant accepts any risk of
adverse public notice, embarrassment, criticism or circumstance, including
financial loss, which may result from action with respect to the application
and expressly waives any claim which otherwise could be made against the state
of Missouri, the Missouri Horse Racing Commission, its employees, staff or
agents;
(E) The affiant has-
1. Read the applicant's identification and
disclosures and knows the contents; and
2. The contents are true of the affiant's own
knowledge-
A. Matters may be stated in the
affidavit on information and belief; and
B. On any matters stated on information and
belief affiant must affirmatively state s/he believes the information to be
true;
(F) The
applicant recognizes all representations in the application are binding on it
and false or misleading information in the application, omission of required
information or substantial deviation from representations in the application
may result in denial, revocation or suspension of the license or imposition of
a fine;
(G) The applicant will
comply with Article III, Section 39 (b) of the Missouri Constitution, any
statutes governing pari-mutuel wagering and the rules of the commission;
and
(H) The affidavit must contain
the following:
1. The organization on whose
behalf the affiant is submitting the affidavit;
2. The affiant's signature;
3. The affiant's position;
4. The address and telephone number of the
affiant; and
5. The date of
signature.
Notes
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