Current through Register Vol. 51, No. 19, September 20, 2024
A. Eligibility. A racetrack licensee may
receive a grant from the Racetrack Facility Renewal Account, established under
State Government Article, § 9-1 A-29, Annotated Code of Maryland, for
racetrack facility capital construction and racetrack facility improvements if
the racetrack licensee is in compliance with the applicable eligibility
requirements of State Government Article, § 9-1 A-09, Annotated Code of
Maryland, including:
(1) The development and
submittal to the Commission of a multiyear plan to improve the quality and
marketing of horse racing at racetrack locations owned or operated by the
racetrack licensee; and
(2) The
development with other industry representatives in both the thoroughbred and
harness racing industries of a multiyear plan to improve the quality and
marketing of the horse racing industry in Maryland.
B. Qualifications. To qualify for a grant
from the Racing Facility Renewal Account, a racetrack licensee shall:
(1) Submit to the Commission for approval a
capital construction plan and a plan for improvements at the racetrack facility
for capital construction and improvements at the racetrack facility that were
commenced after October 1, 2010, including specific time frames for
implementation; and
(2) Except for
the owners of the racecourse at Timonium, provide and expend a matching fund
equal to the amount of the grant.
C. Content. A capital construction plan and a
plan for improvements at a racetrack facility for each project shall include:
(1) A general description of the capital
construction and racetrack facility improvements;
(2) The estimated time frame for completion
of each project;
(3) A complete set
of applicable capital construction plans; and
(4) A listing of all costs associated with
each project including materials and labor.
D. Monitoring. If a grant is provided to a
racetrack licensee for capital construction, the Commission shall:
(1) In consultation with the Department of
General Services, monitor the implementation of the approved plans for capital
construction; and
(2) Unless the
Commission grants an extension upon a written request of a racetrack licensee,
direct the racetrack licensee to refund the applicable grant monies if the
capital construction is not completed within the time frame approved by the
Commission.
E. Types. At
a minimum, the types of capital construction and improvements at a racetrack
facility shall include:
(1) Projects that
cause the racetrack facility to be in compliance with all laws, regulations,
and ordinances regarding safety, environmental, and public health
concerns;
(2) Projects that ensure
that the condition of a part of the racetrack where individuals reside,
commonly known as the "backstretch", is satisfactory for human habitation and
meets minimum housing and sanitation standards for the jurisdiction in which
the racetrack facility is located; and
(3) Projects that affect:
(a) Racetrack surfaces;
(b) Stabling facilities;
(c) Pari-mutuel operations or
equipment;
(d) Food and beverage
amenities or equipment;
(e)
Spectator seating and other patron-oriented improvements;
(f) Security systems; and
(g) Racing-related equipment.
F. Allocation of Funds.
(1) Except as provided in §F(2) of this
regulation, if two or more racetrack licensees that conduct live racing of the
same breed submit plans for capital construction and improvements at a
racetrack facility that are approved by the Commission, the funds shall be
distributed to the competing racetrack licensees based upon the number of live
racing days at each racetrack facility.
(2) For calendar year 2011, the monies
accrued in the Racetrack Facility Renewal Account for Rosecroft Raceway and
Ocean Downs, from the inception of the Racetrack Facility Renewal Account to
the date a racetrack license is issued for the operation of Rosecroft Raceway,
shall be available only to the racetrack licensee at Ocean Downs, provided the
racetrack license at Ocean Downs is otherwise eligible for these
funds.
(3) Upon the approval by the
Commission of a plan for capital construction and improvements at a racetrack
facility, a racetrack licensee may expend its matching funds prior to the
receipt of grant monies from the Racetrack Facility Renewal Account.
(4) Each competing racetrack licensee shall
agree in writing to return any funds allocated to the racetrack licensee in a
particular calendar year to the Racetrack Facility Renewal Account in the event
the racetrack licensee does not run the scheduled number of live racing days
for any reason other than weather, acts of God, or other circumstances beyond
the control of the racetrack licensee.