Pennsylvania Code
Title 7 - AGRICULTURE
Part VIII - State Horse Racing Commission
Subpart B - Licensing
Chapter 183 - SECONDARY PARI-MUTUEL ORGANIZATIONS-TEMPORARY REGULATIONS
Section 183.4 - Review and approval
Universal Citation: 7 PA Code ยง 183.4
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Commission shall determine the suitability, fitness and experience of a SPMO and its key employees, consistent with the public interest, convenience and necessity and the best interests of racing generally, including, the provisions set forth in section 9318(e) and (f) of the act (relating to licenses for horse race meetings) and the following:
(1) Meeting
general industry standards for business and financial practices, procedures and
controls.
(2) Possession of a
wagering system that ensures that all wagering information is transmitted to
and calculated in the appropriate host track pool.
(3) Utilization of a totalisator system that
meets wagering-industry standards and certification criteria.
(4) Meeting general industry standards for
physical security of computerized wagering systems, business records,
facilities and patrons.
(5) Having
no indications of improper manipulation of a secondary pari-mutuel
organization's wagering system, including software.
(6) Having policies and procedures that
ensure a secondary pari-mutuel organization's key individuals have applied and
are eligible for all required occupational licenses.
(7) Having an annual independent audit with
no audit opinion qualifications that reflect adversely on integrity.
(8) Having a system that verifies the
identity of each person placing a wager and requires the person placing a wager
to disclose each beneficial interest in a wager the secondary pari-mutuel
organization accepts.
(9) Having a
real-time independent monitoring system to monitor wagering activity to detect
suspicious patterns, including any that might indicate criminal activity or
regulatory violations. The system must verify each transaction performed by the
totalisator system and provide expeditious notice of any discrepancies or
suspicious activity to the host track, wagering site, due diligence
investigating body and any affected regulatory agency.
(10) Having a satisfactory record of customer
relations, including no excessive unresolved patron complaints concerning the
secondary pari-mutuel organization's business practices.
(11) Holding required permits, licenses,
certifications or similar documents that may be required by a racing, gaming or
other pari-mutuel wagering jurisdiction.
(12) Having sufficient measures to protect
customer funds from being commingled with other moneys.
(13) Publicizing and providing a sufficient
program for customer self-exclusion and wagering limitation.
(14) Having expertise in pari-mutuel wagering
and being technologically capable of participating in simulcast and wagering
activities.
(b) As set forth in section 9353(b) of the act (relating to license application procedures), the Commission may also consider the following information in making a determination for a SPMO's initial license or renewal application:
(1) The integrity of the applicant and its
principals, including:
(i) Whether the
applicant or its principals are unsuitable.
(ii) Whether the applicant or its principals
have been a party to litigation over business practices, disciplinary actions
over a business license or refusal to renew a license.
(iii) Whether the applicant or its principals
have been a party to proceedings in which unfair labor practices,
discrimination or violation of government regulations pertaining to racing or
gaming laws was an issue or bankruptcy proceedings.
(iv) Whether the applicant or its principals
have failed to satisfy judgments, orders or decrees.
(v) Whether the applicant or its principals
have been delinquent in filing tax reports or remitting taxes.
(2) The quality of physical
facilities and equipment.
(3) The
financial ability of the applicant to conduct wagering.
(4) The protections provided to safeguard
accounts, including a certification from the licensee's chief financial officer
that account funds will not be commingled with other funds as required under
this chapter.
(5) The management
ability of the applicant and its principals.
(6) Compliance of the applicant with
applicable statutes, charters, ordinances and administrative
regulations.
(7) The efforts of the
applicant to promote, develop and improve the horse racing industry in this
Commonwealth.
(8) The efforts of
the applicant to safeguard and promote the integrity of pari-mutuel wagering in
this Commonwealth.
(9) The economic
impact of the applicant upon the Commonwealth.
(10) The secondary pari-mutuel organization
and the secondary pari-mutuel organization's owners and sources of funds must
have sufficient financial means to participate in simulcast and wagering
activities, including sufficient assets and means to pay industry-related debts
and obligations and to fund the operations of the secondary pari-mutuel
organization.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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