§ 133.4. Application Notice.
The Application Notice to be published under § 133.3 (relating to application requirements) shall be in substantially the following form:
NOTICE
PROCEDURES FOR NEW OR AMENDED PARI-MUTUEL
LICENSE APPLICATIONS
PREMISES 1. LICENSE REQUIRED FOR ALL HORSE RACE MEETS. The Race Horse Industry Reform Act (act of December 17, 1981, P. L. 435 No. 135) (4 P. S. Sec. 325.101 et seq.) (Act) provides that no corporation shall have the right to conduct any horse race meet except on obtaining a license from either the State Horse Racing Commission or the State Harness Racing Commission.
2. LIMITED NUMBER OF THOROUGHBRED RACING LICENSES. Sec. 325.405(a) of the Act provides that no more than six corporations shall be licensed by the State Horse Racing Commission to conduct a pari-mutuel meet;
3. LIMITED NUMBER OF HARNESS RACING LICENSES. Sec. 325.205(b) of the Act provides that no more than five corporations shall be licensed by the State Harness Racing Commission to conduct a pari-mutuel meet;
4. MORE APPLICATIONS FILED THAN AVAILABLE LICENSES. The Commissions have received more applications for thoroughbred and harness licenses than are authorized by the Act. The Commissions do not have the power under the Act to issue licenses to all applicants for thoroughbred and harness licenses. The Commissions are not obligated to issue any license despite the availability of a license. Each Commission will be charged with reviewing the pending applications submitted under its respective jurisdiction as set forth in the Act.
5. INFORMATION ABOUT APPLICATION PROCEDURE. The Commissions believe that it is in the public interest under Section 325.209 of Act and the best interests of the racing industry in this Commonwealth to establish an administrative review process to treat the applicants as a comparative group for thoroughbred and harness horse race meeting license applications presently pending before the Commissions as well as any new applications or renewals.
IN CONSIDERING THE PRESENT PENDING APPLICATIONS AND ANY NEW APPLICATIONS, THE COMMISSIONS ADOPT A POLICY TO INCLUDE THE FOLLOWING STEPS: A. CONSIDERATION GROUP. APPLICATION CLOSING DATES. The Commissions will consider applications for racing licenses made under Section 325.209 of the Act comparatively as part of a consideration group identified by an application closing date that is published by the Commission. Application closing dates will be published anytime that the respective Commissions receive or have pending before them more than one (1) application for a license.
B. APPLICATIONS. In order to qualify to be placed into the consideration group for an available license, each new or amended application must be made using the application form available from the Commissions. At a minimum, each new or amended application must contain the standards set forth in Appendix A.
No consideration shall be given to any application which is deemed to be untimely filed or deficient by the appropriate Commissions.
C. APPLICATION CLOSING DATE. The Commissions hereby establish an application closing date of
, 200
, as a due date after which no new applications shall be accepted. Within that same period, any previously submitted application, which the Commission has deemed deficient by notice to the applicant, must be re-submitted to the appropriate Commission with the deficiency corrected;D. RESUBMISSION AFTER NOTICE OF DEFICIENCY. Applicants who submit new applications which the Commissions deem deficient will be given the balance of the 60-day time period or 30 days, whichever is longer, to correct the deficiency;
E. AMENDMENT OF APPLICATION FORM. Commissions reserve the right to amend license application forms at any time. If Commissions amend the application forms, Commissions will establish an amended application closing date at least thirty (30) days after the date of the amendment. All applicants with applications pending at the time of the Commissions’ amendment to the license application form will have until such amended application closing date to resubmit or supplement their applications; however, no new applications can be received during the amended application period;
F. GROUP CONSIDERATION BY RESPECTIVE COMMISSIONS. The Commissions hereby establish a policy in which all new and/or amended applications received by application closing date shall be placed into a single group for comparative consideration by each respective Commission;
G. PROCESS. The respective Commissions will consider all written applications within a consideration group, and, after consideration and comparison of all such written applications, may issue available licenses in numbers authorized by the Act to those applicants who, in the sole judgment of the appropriate Commission, will best serve the public interest, convenience and necessity.
H. ISSUANCE OF LICENSES. No license shall be issued until all new and/or amended written applications in the respective consideration group have been considered and examined by the appropriate Commission.
Cross References This section cited in 7 Pa. Code § 133.3 (relating to application requirements).
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