§ 187.4. Review and approval.
(a) The Commission shall determine the suitability, fitness and experience of a racing vendor or totalisator company and their key employees, consistent with the public interest, convenience and necessity and the best interests of racing generally.
(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 racing vendor or totalisator 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 racing vendor or totalisator organizations’ owners and sources of funds must have sufficient financial means to participate in the applicable pari-mutuel racing related activities, including sufficient assets and means to pay industry-related debts and obligations and to fund the operations of the entity.
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