Current through Register Vol. 49, No. 13, September 23, 2024
The commission may issue a Class A license if it determines
on the basis of all the facts before it that: the applicant is financially able
to operate a racetrack; issuance of a license will not create a competitive
situation that will adversely affect racing and the public interest; the
racetrack will be operated in accordance with all applicable laws and rules;
and the issuance of the license will not adversely affect the public health,
safety, and welfare. In making the required determinations, the commission must
consider the following factors and indices:
A. the integrity of the applicant, its
partners, directors, officers, policymakers, managers, and holders of ownership
or other voting interests or control, including:
(1) criminal record;
(2) involvement in litigation over business
practices;
(3) involvement in
disciplinary actions over a business license or permit or refusal to renew a
license or permit;
(4) involvement
in proceedings in which unfair labor practices, discrimination, or government
regulation of horse racing or gambling was an issue;
(5) involvement in bankruptcy
proceedings;
(6) failure to satisfy
judgments, orders, or decrees;
(7)
delinquency in filing of tax reports or remitting taxes; and
(8) any other indices related to integrity
which the commission deems crucial to its decision making as long as the same
indices are considered with regard to all applicants;
B. the types and variety of pari-mutuel horse
racing which applicant will offer;
C. the quality of physical improvements and
equipment in applicant's facility, including:
(1) racetrack or tracks;
(2) stabling;
(3) grandstand;
(4) detention barn;
(5) paddock;
(6) jockeys' and drivers' quarters;
(7) pari-mutuel tote;
(8) parking;
(9) access by road and public
transportation;
(10) perimeter
fence;
(11) other security
improvements and equipment;
(12)
starting, timing, photo finish, and photo-patrol or video equipment;
(13) commission work areas; and
(14) any other indices related to quality
which the commission deems crucial to its decision making as long as the same
indices are considered with regard to all applicants;
D. imminence of completion of
facility;
E. financial ability to
develop, own, and operate a pari-mutuel horse racing facility successfully,
including:
(1) ownership and control
structure;
(2) amounts and
reliability of development costs;
(3) certainty of site acquisition or
lease;
(4) current financial
condition;
(5) sources of equity
and debt funds, amounts, terms and conditions and certainty of
commitment;
(6) provision for cost
overruns, nonreceipt of expected equity or debt funds, failure to achieve
projected revenues or other financial adversity;
(7) feasibility of financial plan;
and
(8) any other indices related
to financial ability which the commission deems crucial to its decision making
as long as the same indices are considered with regard to all
applicants;
F. status of
governmental actions required by the applicant's facility, including:
(1) necessary road improvements;
(2) necessary public utility
improvements;
(3) required
governmental approvals for development, ownership, and operation of the
facility;
(4) acceptance of any
required environmental assessment and preparation of any required environmental
impact statement; and
(5) any other
indices related to status of governmental actions which the commission deems
crucial to its decision making as long as the same indices are considered with
regard to all applicants;
G. management ability of the applicant,
including:
(1) qualifications of managers,
consultants, and other contractors to develop, own, and operate a pari-mutuel
horse racing facility;
(2) security
plan;
(3) plans for human and
animal health and safety;
(4)
marketing, promotion, and advertising plans;
(5) concessions plan;
(6) plan for training personnel;
(7) equal employment and affirmative action
plans; and
(8) any other indices
related to management ability which the commission deems crucial to its
decision making as long as the same indices are considered with regard to all
applicants;
H.
compliance with applicable statutes, charters, ordinances, or
regulations;
I. efforts to promote
orderly growth of horse racing in Minnesota and educate public with respect to
horse racing and pari-mutuel betting;
J. impact of facility, including:
(1) economic impact, including employment
created, purchases of goods and services, public and private investment and
taxes generated;
(2) ecological
impact;
(3) impact on energy
conservation and development of alternative energy sources;
(4) social impact;
(5) costs of public improvements;
and
(6) any other indices related
to impact which the commission deems crucial to its decision making as long as
the same indices are considered with regard to all applicants;
K. extent of public support and
opposition; and
L. effects on
competition, including:
(1) number, nature,
and relative location of other Class A licenses;
(2) minimum and optimum number of racing days
sought by the applicant; and
(3)
any other indices of the impact of competition which the commission deems
crucial to decision making as long as the same indices are considered with
regard to all applicants.
The commission also must consider any other information
which the applicant discloses and is relevant and helpful to a proper
determination by the commission.
Statutory Authority: MS s
240.23
