§ 171.22. Filing of a Statement; documentation required.
(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.
Notes of Decisions Jurisdiction
Pursuant to the specific language of these regulations, the Pennsylvania State Horse Racing Commission will give approval of the nonprimary location after the receipt of the information, documents and exhibits requested in Part III of the Statement. Since the Commission’s order with respect to Part I of the Statement did not dispose of all claims or all parties, it is not a final order which can be properly appealed to the Commonwealth Court and therefore, the Court lacked subject matter jurisdiction. Contact II, Inc. v. State Horse Racing Commission, 664 A.2d 181 (Pa. Cmwlth. 1995).
Cross References This section cited in 58 Pa. Code § 171.24 (relating to consideration of a Statement by the Commission and the State Harness Racing Commission).
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