Current through Register Vol. 43, No. 52, December 26, 2024
Each application for a facility owner license or for an
organization license in which the applicant proposes to construct or to own a
racetrack facility shall contain the following information:
(a) The application shall identify the county
and municipality where the racetrack or proposed racetrack is or will be
located.
(b) The application shall
state whether a majority of qualified electors in the named county approved
either:
(1) The constitutional amendment
permitting the conduct of horse and greyhound races and parimutuel wagering; or
(2) a proposition permitting horse
and greyhound races and parimutuel wagering within the county boundaries. The
form of racing approved shall be stated.
(c) The application shall state whether the
applicant's facility is or will be designed to conduct horse racing, greyhound
racing, or both. If horse racing is to be conducted, the breed of the horse to
be raced shall be stated.
(d) The
application shall identify any racing organization of which the applicant is a
member.
(e) The application shall
include the actual legal description of the proposed racetrack site.
(f) The application shall include the name
and address of each title holder to the real property and any predecessor in
title for the past five years.
(g)
The application shall include the name and address of each person holding a
mortgage or other security interest in the real property.
(h) The application shall include a certified
title insurance policy or abstract.
(i) The application shall state and document
the status of governmental action relating to the following:
(1) The city street, county road and state
highway improvements necessary to ensure adequate access to the applicant's
racing facility, including:
(A) The estimated
cost of improvements;
(B) the
status and estimated date of comple-tion;
(C) the identity of the party or parties
responsible for the cost of the improvements; and
(D) the proportionate distribution of the
cost of the improvements if more than one party is responsible for the cost;
(2) the sewer, water,
and other public utility improvements necessary to serve the applicant's
facility including:
(A) The estimated cost of
improvements;
(B) the status and
estimated date of comple-tion;
(C)
the identity of the party or parties responsible for the cost of the
improvements; and
(D) the
proportionate distribution of the cost of the improvements if more than one
party is responsible for the cost;
(3) any required government approvals for
financing improvements under subsection (i)(1) and (i)(2) above and any
required government approvals for zoning or special use permits, includ-ing:
(A) A description of the approval, unit of
government, date and documentation;
(B) a statement whether public hearings were
held, including when and where the public hearings were conducted or why the
public hearings were not held; and
(C) a statement whether the unit of
government attached any conditions to approval. The applicant shall disclose
the conditions, including documentation;
(4) a statement whether any required
governmental approvals remain to be obtained, as well as a description of the
approval, unit of government, status, likelihood of approval and estimated date
of approval; and
(5) a statement
whether the applicant is in compliance with all statutes, resolutions,
ordinances and regulations pertaining to the development, ownership and
operation of the racing facility. If the applicant is not in compliance, the
applicant shall disclose the reasons the applicant is not in compliance.
(j) The application
shall state the number of miles from the nearest population area, including:
(1) A description of the transportation
facilities serving the area;
(2) a
description of public or private transportation arrangements to the area; and
(3) highway and street access to
the track; and a site map reflecting the highway and street access to the
track.
(k) The
application shall state the track dimensions for each track proposed, including
the following dimensions and specifications:
(4) the location of the starting gates or the
starting boxes;
(5) the length of
the stretch;
(6) the distance
between the finish line and the first turn;
(7) the type of base and surface for the
track; and
(8) the winterization
method for the racing surface.
(l) The applicant shall supplement the
information requested in subsections (m) through (w) below with at least one
copy of the architect's plans showing the details of any proposed construction.
(m) The application shall describe
the size and the type of construction, including:
(1) A description of the grandstand;
(2) the total seating capacity,
specifically detailing the area that is air-conditioned or heated;
(3) the reserved and non-reserved seating
capacity;
(4) the indoor and
outdoor seating capacity;
(5) the
configuration of the grandstand seating;
(6) the configuration and location of the
parimutuel facilities;
(7) the
configuration and location of the food, drink and other concessions;
(8) the configuration and location of clubs
or other special facilities for patrons;
(9) the number and location of restroom
facilities;
(10) the drinking
fountains;
(11) the medical
facilities;
(12) the pattern of
public pedestrian traffic; and
(13) the provisions for the handicapped.
(n) The application
shall describe the construction and type of parking facilities, detailing:
(1) Access to parking from perimeter local,
state or federal highways;
(2) the
number and location of parking spaces available for general public parking at
the facility;
(3) the road surface
to be used on parking facilities;
(4) the distance between parking and the
grandstand;
(5) a street map of
the area showing the relation of parking to surrounding state, local and
federal highways;
(6) the public
road improvements that must be completed to provide adequate public access to
the facility;
(7) whether the road
improvements will be performed by local authorities;
(8) when the improvements will be completed;
and
(9) a plan of the parking
facilities.
(o) The
application shall describe facilities to accommodate horses by listing the
following:
(1) The location, number,
dimension, and method of construction of boxed stalls or other stalls;
(2) the location, number,
dimension and method of construction of boxed stalls or other stalls for stakes
horses, overnights and haul-ins; and
(3) the location and description of
temperature and fire regulation equipment in the facility.
(p) The application shall describe
facilities to accommodate greyhounds by listing the following:
(1) The location and method of construction
of kennels within the compound, including:
(A) The number of kennels per building;
(B) the location of restroom and
work areas or kitchens in kennel buildings;
(C) the location, number and method of
construction of crates for greyhounds in kennels;
(D) the location, number and method of
construction of crates for stakes greyhounds and resident racing greyhounds to
be kenneled; and
(E) the
availability of telephone hook-up and cable hook-up for video reception;
(2) the location and
number of any turn-out pen and attached lean-to; and
(3) the location and number of sprint fields.
(q) The application
shall describe facilities for horse or greyhound owners and other racing
personnel, including separate parking, tack rooms and trainer rooms.
(r) The application shall describe the
testing facilities, providing a detailed plan for them and an estimated cost of
construction. The distance from the test facilities to track and paddock, the
number of sampling stalls, the placement of viewing ports on each stall, the
location of the post-mortem floor, the number of wash stalls with hot and cold
water and drains, and the availability of video monitors and a description of
the walking ring shall be stated.
(s) The application shall describe the
paddock, providing a detailed plan of the paddock and an estimate of the cost
of construction. The dimensions and the number of stalls or crates, the height
from the floor to the lowest point of the stall or crate ceiling and entrance,
and the location of the shoeboard shall be described. The office or other
facilities for the paddock judge and identifier shall be described.
(t) The application shall describe in detail
the jockey's quarters, including the changing facilities, a list of equipment
to be installed in each facility, the location of the jockey's quarters in
relation to the paddock, the location of the weight station and an estimate of
the cost of the construction.
(u)
The application shall state the height, type of construction and materials of
restricted area fencing, including whether there is a clear zone at least four
feet wide around the outside of the entire restricted area.
(v) The application shall describe security
equipment and the location at the racetrack, exclusive of fencing.
(w) The application shall describe work areas
for commissioners, stewards, license clerks and the employees of these
personnel.
(x) This regulation
shall take effect on and after October 1, 1988.
