Current through Register Vol. 54, No. 44, November 2, 2024
(a) A Statement will be considered, and may
be submitted, in three parts as follows:
(1)
Part I requires the submission of the following information, exhibits and
documentation:
(i) The address of the
location.
(ii) The name, address
and telephone number of the owner of the real estate upon which the location
will be situated.
(iii) A copy of
the lease, purchase option or purchase agreement for the location.
(iv) The zoning of the location.
(v) A statement indicating whether the
location is situated within 300 feet of a church, hospital, charitable
institution, school, public park or playground.
(vi) A pro forma financial statement
projecting attendance, handle and revenue at the location.
(vii) A statement of the projected cost of
operation of the location.
(viii) A
statement of the sources of funds used to construct the location including a
copy of the loan commitment letter, loan documents or other documents setting
forth the terms relating to the financing of the location and a certification
that the licensed corporation's State and local tax obligations are not in
arrears.
(ix) A statement of the
projected revenue and taxes to be paid to the State and local
government.
(x) The anticipated
impact on attendance, handle and purse structure at licensed facilities
conducting live racing in this Commonwealth.
(xi) The areas from which the applicant
expects to attract patrons to the location.
(xii) The population of the area within 35
air miles of the location.
(xiii)
The number and types of full and part-time jobs to be created at the
location.
(xiv) The number of jobs
at the location to be filled by local residents.
(xv) The number and types of jobs to be
created by the construction or renovation of the location.
(xvi) The distance between the location and
racetracks conducting live racing in this Commonwealth.
(xvii) The owner and description of other
businesses or uses to be conducted at the location.
(xviii) A nonrefundable fee of
$1,000.
(2) Part II
requires the submission of the following information, exhibits and
documentation:
(i) The number of floors, total
square footage and seating capacity of the facility.
(ii) A description of the dining
accommodations and concession areas to be contained in the facility including
the types of food and beverages to be available, the seating capacity and a
description of the kitchen areas.
(iii) The number and location of fire escapes
and emergency exits at the facility.
(iv) The number of rest rooms to be contained
in the facility.
(v) A description
of the general demeanor of the facility, including its decor and lighting, the
type of seating to be provided and the areas of the facility where patrons can
handicap races.
(vi) A description
of the exterior of the facility.
(vii) The architectural or engineering
drawings of the facility.
(viii) A
description of the heating, air conditioning, smoke removal and climate control
equipment and smoke and fire detectors to be used in the facility.
(ix) The provisions made to assure that the
facility is accessible to the physically handicapped.
(x) A description of the parking areas to be
provided at the location, including the name, address and telephone number of
the owner of the parking facilities; a copy of lease agreements for parking;
the number of parking spaces to be provided; the charge to be imposed for
parking; and a description of traffic control to be provided.
(xi) Copies of contracts relating to, and a
complete description of, the pari-mutuel or totalizator equipment to be used in
the facility and a statement describing the compatability of that equipment
with the equipment being used at the primary racetrack of the licensed
corporation and the equipment in use at the other primary racetracks which will
be transmitting their races to the facility.
(xii) Copies of contracts relating to, and a
description of, the equipment to be used to include money wagered in common
pari-mutuel pools, including the number of betting windows and stand-alone
terminals to be provided.
(xiii)
Copies of contracts relating to, and a description of, the equipment to be used
for receiving transmissions of races and race related information.
(xiv) The name, address and telephone number
of persons supplying equipment to the location.
(xv) A description of the procedures to be
used to resolve patron complaints at the location.
(3) Part III requires the submission of the
following information, exhibits and documentation:
(i) The plan the applicant intends to
institute to recruit, train and upgrade employes on an equal opportunity
basis.
(ii) Copies of contracts for
the provision of goods and services to the location, including a notation of
which contracts are with minority or female-owned businesses.
(iii) The name, address and telephone number
of the location mutuel manager and whether that person is the holder of a
license issued by the Commission.
(iv) The name, address and telephone number
of the location director of security and whether that person is the holder of a
license issued by the Commission.
(v) The name, address and telephone number of
the general manager of the location and whether that person is the holder of a
license issued by the Commission.
(vi) The names of the vendors and
concessionaires providing goods or services, or both, to the location and
whether the vendors or concessionaires hold a license issued by the
Commission.
(vii) A description of
the security plan for the location and a copy of the contracts relating to
security at the location.
(viii)
The admission or seating fee to be charged at the location.
(ix) A copy of insurance policies applicable
to the location.
(x) A statement
indicating whether application has been made to the Liquor Control Board for a
license, or the transferance of a license, permitting the sale or consumption
of alcoholic beverages at the location and action taken on that
application.
(xi) A statement
indicating whether the applicant has entered into an agreement for the
simulcasting of races to the location.
(xii) The applicant's strategy for preserving
the integrity of live racing in this Commonwealth.
(xiii) A copy of building, fire, occupancy,
health and sanitation or other permits required by the Commonwealth or a
county, township or municipality in which the location is situated.
(b) Upon receipt of the
information, documents and exhibits required in Part I of the Statement, and if
the information, documents and exhibits are complete and indicate compliance
with the act and this part, the Commission will request public comments and
schedule a public hearing as described in §
171.23 (relating to public
hearings and public comment). Within 60 days of the later of the expiration of
the public comment period or holding of the public hearing, the Commission will
forward written notice of its decision concerning the proposed site of the
nonprimary location to the applicant or request additional information from the
applicant. A request for additional information shall toll the 60-day period
described within this subsection. The Commission will act upon information
received pursuant to a request for additional information within 60 days of
receipt of the information. If the Commisson denies approval of Part I of a
Statement, the applicant may submit a revised statement for consideration by
the Commission. The Commission will act upon a revised statement submitted
under this subsection within 60 days of receipt of the revised
Statement.
(c) Upon receipt of the
information, documents and exhibits required in Part II of the Statement, and
if the information, documents and exhibits are complete and indicate compliance
with the act and this part and following approval of the site of the nonprimary
location as submitted in Part I of the Statement, the Commission will begin
consideration of the proposed facility. Within 60 days of the later of either
the written approval of Part I of the Statement, or the receipt of the
information, documents and exhibits requested in Part II of the Statement, the
Commission will forward written notice of its decision concerning the proposed
facility to the applicant or request additional information from the applicant.
A request for additional information shall toll the 60-day period described in
this subsection. The Commission will act upon information received under a
request for additional information within 60 days of receipt of the
information. If the Commission denies approval of Part II of a Statement, the
applicant may submit a revised statement for consideration by the Commission.
The Commission will act upon a revised Statement submitted under this
subsection within 60 days of receipt of the revised statement.
(d) Pari-mutuel wagering at a nonprimary
location may not be commenced until the Commission has issued written approval
of the information, documents and exhibits requested in Part III of the
Statement. Within 30 days of completion of construction and renovation of the
facility and the receipt of the information, documents and exhibits requested
in Part III of the Statement, the Commission will either forward written notice
of its decision concerning approval of the nonprimary location or request
additional information. A request for additional information shall toll the
30-day period described in this subsection. The Commission will act upon
information received under a request for additional information within 30 days
of receipt of the information. If the Commission denies approval of Part III of
a Statement, the applicant may submit a revised Statement for consideration by
the Commission. The Commission will act upon a revised Statement submitted
under this subsection within 30 days of receipt of the revised
Statement.
(e) The Commission may
employ the services of architects, engineers, accountants or other specialists
to assist in the evaluation of a Statement or to inspect work performed at a
nonprimary location. The applicant is responsible for costs or charges incurred
or received by the Commission in connection with these services. If an
inspection discloses that the facility is not being constructed in substantial
compliance with the information, documents and exhibits submitted in connection
with the Statement, the Commission may do one or more of the following:
(1) Refuse to issue, or revoke, operational
approval of the nonprimary location.
(2) Impose a penalty authorized by the act.
This section cited in 58 Pa. Code §
171.24 (relating to consideration
of a Statement by the Commission and the State Harness Racing
Commission).
