§ 171.25. Standards for approval.
(a) Under section 218(g)(5)(ii) and (iii) of the act (4 P. S. § 325.218(g)(5)(ii) and (iii)), the Commission will consider the following in determining whether to grant or deny approval of a Statement:
(1) Whether the facility planned contains amenities such as the restaurants and handicapping facilities required by the act.
(2) Whether the facility will create jobs in the construction and service industries as well as the racing and wagering industry.
(3) Whether the facility will have a positive, neutral or negative impact on the integrity of live racing including its effect on the attendance, handle and purse structure of live racing.
(4) The anticipated impact on the local community, including the potential for job creation on an equal opportunity basis and the effect on local businesses.
(5) The quality of the physical facilities and services to be provided.
(6) The public interest.
(7) Whether the applicant plans to institute measures to ensure that employes are recruited and trained for positions on an equal opportunity basis and that contracting opportunities are open to all firms.
(8) Information, documents or exhibits submitted as part of a Statement.
(b) No single factor will be paramount. In rendering a decision, the Commission will determine whether the proposed nonprimary location satisfies the legislativeintent of the General Assembly as expressed in section 218(g)(5)(ii) of the act.
(c) The Commission will not approve a Statement which proposes the construction of a facility that:
(1) Has a seating capacity that is less than 50% of the maximum lawful occupancy of the facility.
(2) Does not contain a restaurant providing table service and offering a menu which includes appetizers, entrees and desserts.
(3) Is intended to offer only wagering opportunities to the public or serve solely as a betting parlor.
(4) Does not contain color television monitors of a size and in a number sufficient to allow patrons to conveniently view the races upon which they may wager.
(d) Ownership or control of a nonprimary location may be transferred from one licensed corporation to another licensed corporation only with the consent of the Commission. The consent of the State Harness Racing Commission is also necessary if the racing activities of one of the licensed corporations is regulated by the State Harness Racing Commission.
(e) Approval of a nonprimary location is granted upon the condition that the licensed corporation accept and observe the rules of the Commission. The approval of a nonprimary location does not prevent the Commission from ordering modification of the facility or operations at the nonprimary location if the Commission finds evidence of noncompliance with the act or this chapter or that the construction or reconstruction of the facility is not being performed as set forth in the approved Statement. The decision of the Commission to disapprove, suspend, revoke or modify approval of a nonprimary location will be made after notice and a hearing and shall be an appealable adjudication of the Commission.
(f) In evaluating the public interest, the impact on the local community, and the potential for job creation of a nonprimary location as required by section 218(g)(5)(iii) of the act, the Commission will consider whether the applicant plans to institute measures to ensure that employes are recruited and trained for positions and that contracting opportunities are open to all firms on an equal opportunity basis.
Notes of Decisions Approval of Facility
Regulations promulgated under Race Horse Industry Reform Act (4 P. S. § 325.101 et seq.) will not allow approval of a ‘‘Turf Club’’ facility unless the facility contains a restaurant providing table service and menu items including appetizers, entrees and desserts. Southco, Inc. v. Concord Township, 713 A.2d 607 (Pa. 1998).
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