Kansas Administrative Regulations
Agency 112 - KANSAS RACING AND GAMING COMMISSION
Article 18 - SIMULCASTING LICENSES
Section 112-18-3 - Application form for simulcasting applicant
Universal Citation: KS Admin Regs 112-18-3
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each application for a simulcasting license shall contain the following:
(1) the name of the applicant or applicants,
their business address or addresses, and their telephone number or numbers;
(2) the name, address, and
telephone number of any individual who assisted the applicant or applicants in
preparing their application;
(3)
the written approval for the proposed simulcasting schedule from the recognized
horsemen's group or the recognized greyhound owners' group, or both, as
appropriate;
(4) for the calendar
year, the proposed schedule of simulcast races or programs that the applicant
or applicants plan to simulcast into the facility for as much of the calendar
year as the respective horsemen's group and greyhound owners' group have
approved. The application shall state the proposed simulcasting schedule as
approved by the respective horsemen's group and greyhound owners' group for the
entire calendar year when it is filed with the commission;
(5) for the calendar year, the proposed
schedule of races or programs that the applicant or applicants plan to
simulcast from the racetrack facility to any other racetrack facility,
intertrack wagering facility, or off-track wagering facility, and a list of
such facilities for as much of the calendar year as the respective horsemen's
group and greyhound owners' group have approved. The application shall state
the proposed simulcasting schedule as approved by the respective horsemen's
group and greyhound owners' group for the entire calendar year when it is filed
with the commission;
(6)
certification that the applicant or applicants will comply with any provision
of the interstate horse racing act of 1978 (15 U.S.C. 3001, et
seq.) as in effect December 31, 1991, and submit documentation of the
compliance;
(7) certification that
the applicant or applicants will comply with the 80% threshold requirement of
K.S.A.
74-8836 for a live racing program if the
applicant conducts fewer than 10 live horse races during any day or 13 live
greyhound races during any performance;
(8) one copy of each contract or agreement
that the applicant has executed or proposes to execute and any modification or
proposed modification of each contract or agreement with regard to the
simulcasting license or races or wagering on the simulcast races. If the
contract or agreement is an oral one, a written statement explaining the
substance of the oral agreement shall be included;
(9) the names and addresses of the parties to
each contract or agreement identified in paragraph (8) and any relationship of
the parties to the applicant, the partners, associates, officers, directors,
and principal owners either through family, business association, or other
control;
(10) any plan to
participate in a combined wagering pool, including the following information:
(A) the time and date of the races or
programs for which combined pooling is planned;
(B) a description of the totalisator services
to be used by the guest facility and host facility;
(C) a description of the backup communication
device or procedure that would be used to communicate wagering information
between the guest facility and host facility if the totalisator system or data
line telephone system fails;
(D) a
description of the data line or telephone line communication system to be used
by the guest facility and the host facility;
(E) a description of the wagers that the
applicant or applicants intend to offer on the races; and
(F) a description of the takeout rates
requested for the combined wagering pool;
(11) a description of each special racing
event that the applicant or applicants plan to simulcast;
(12) a statement describing how the granting
of a simulcasting license to the applicant or applicants will enhance the
breeding, owning, and training industries for horses or greyhounds; and
(13) a description of the impact
that the proposed simulcasting will have on live racing and purses at the
applicant's or applicants' racetrack facility.
(b) Each application shall describe the following factors, which may be considered by the commission in determining whether to grant or deny the application:
(1)
the financial stability of the applicant or applicants and the effect that
simulcasting will have on the economic viability of the applicant or
applicants;
(2) the operating
experience of the applicant or applicants;
(3) the regulatory compliance and conduct of
the applicant or applicants; and
(4) the impact of the applicant's or
applicants' proposed simulcasting on live racing and on purses at the racetrack
facility.
(c) Upon receipt of a written request from an organization licensee, any facility owner, a recognized horsemen's group, or recognized greyhound group to submit a simulcasting dispute to the commission for determination pursuant to K.S.A. 74-8836(k), such proceedings shall be conducted by the commission in accordance with the Kansas administrative procedure act.
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