Current through all regulations passed and filed through September 16, 2024
(A) A permit holder eligible to become a
video lottery sales agent may apply in a manner as determined by the commission
to relocate its race track and all racing permits.
(B) The application to relocate a race track
shall be made in the manner prescribed by the racing commission and may include
information required by rule
3769-2-08 or
3769-12-08 of the Administrative
Code. The application shall also:
(1)
Indicate whether or not a temporary facility will be used to conduct business
at the new location;
(2) Identify
the location for the new track by city or township, county, address and zip
code;
(3) Disclose the incremental
economic benefits to the state in a certificate of compliance that shall be a
part of the application; and
(4)
Provide other information as required by the racing commission.
(C) If a permit holder's current
race track is located on property owned by a political subdivision and the
application indicates that the new location is twenty miles or less from its
current location, the racing commission shall calculate the distance and
provide its calculation to the applicant. If the permit holder's calculation
differs significantly from the racing commission's calculation of the distance,
then the racing commission's determination of the distance between the two
locations will be controlling.
(D)
An application to relocate a race track facility must be submitted to the
racing commission on or before June 11, 2014.
(E) The relocation fee to relocate a race
track shall be as follows:
(1) Seventy-five
million dollars to transfer and relocate the existing permit(s) and track
located at "3664 Grant Avenue, Grove City, Ohio" known as Beulah park to "700
North Canfield Niles Road, Youngstown, Ohio";
(2) Seventy-five million dollars to transfer
and relocate the existing permit(s) and track located at "5700 Telegraph Road,
Toledo, Ohio" known as Raceway park to "3100 Needmore Road, Dayton,
Ohio";
(3) Twenty-five million
dollars to transfer and relocate the existing permit(s) and track located at
"21501 Emery Road, Cleveland, Ohio" known as Thistledown to a location in the
Akron/Canton area within a twelve mile radius of the following GPS coordinates:
+40° 55' 20.00 ", -81° 26' 20.00 "; and
(4) A permit holder who makes application for
a new location and is currently on property owned by a political subdivision
and is twenty miles or less from its current location shall not pay a fee. If
the permit holder's calculation differs significantly from the racing
commission's calculation of the distance, then the racing commission's
determination of the distance between the two locations will be
controlling.
(F)
Relocation fees shall be subject to the following conditions as applicable
(1)
The first installment of the
relocation fee shall be in the amount of seven million five hundred thousand
dollars and shall be paid on the first day of video lottery terminal game play
at a relocated racetrack in its new location. The remaining balance shall be
paid in eighteen equal semi-annual installments of four million eight hundred
and six thousand forty six dollars beginning one year after the first day of
video lottery terminal game play at a relocated racetrack in its new location
and then every six months thereafter. Installments shall continue until the
total seventy-five million dollar relocation fee is collected.
(2) All relocations fees shall be paid to the
racing commission and shall be deposited in the racetrack relocation fund.
Click to
view Appendix
Effective: 9/24/2015
Five Year
Review (FYR) Dates: 02/22/2018
Promulgated Under: 119.03
Statutory Authority: Ohio
Revised Code 3769.03
Rule Amplifies: Ohio Revised Code
3769.03
Prior Effective Dates:
2/22/2013
