462-200-0340 Application and Approval of Off-Track Wagering Facilities Any race meet licensee desiring to simulcast its racing program including races in Oregon, out-of-state races, or any combination thereof, to an off-track wagering facility(ies) shall file an application for approval for each facility with the commissionat the following address: Oregon Racing Commission, P.O. Box 366, Gresham, OR 97030; or faxed to: (971) 673-0213; or emailed to: orc.info@orc.oregon.gov. The application shall describe a plan of operation for the facility which includes, but is not limited to, the following information: (1) The name, address, and date of birth of the applicant and owner(s) of the facility and any other information which may be required by the commission to perform a criminal history and financial background investigation. The commission may also require an applicant/owner to provide fingerprints and a written consent in order to perform a nationwide criminal record check. In carrying out this subsection, the commission may require the applicant/owner to pay the cost of performing a criminal record check. The application will be denied if the applicant, or in the case of a partnership or corporation, a general partner, officer, director, major stockholder (over 5%) or employee has engaged in any unlawful activity determined to be conduct detrimental to the best interests of racing, or has failed, refused or neglected to comply with any rule, regulation, condition of license or order of any state or federal regulatory agency, including the Oregon Racing Commission or its representatives reasonably related to its conduct as a simulcast operator, or who has engaged in any activity which is grounds for denial, suspension, or revocation of license pursuant to the statues or rules of racing in the State of Oregon. (2) A description of the management groups responsible for the operation of the facility, including a description of any subcontractors who will be substantially involved in the operation of the facility. (3) The location of the facility and a written confirmation from appropriate local officials that the location of such facility and the number of patrons expected to occupy such facility are in compliance with all applicable local ordinances. (4) A scale drawing of the facility, including its public accommodations, equipment, concessions, and office space. (5) A security plan approved by the executive director outlining the security measures to be employed to protect the facility, to control crowds, to protect the public and employees, to safeguard the transmission of the simulcast signals and to control the transmission of wagering data to effectuate common wagering pools. (6) The type of data processing, communication and transmission equipment to be utilized. (7) The system of accounts to maintain a separate record of revenues collected by the simulcast facility, the distribution of such revenues and the accounting of costs relative to the simulcast operation. (8) An agreement that has been executed with the simulcast operator for the conduct of simulcast wagering at the facility (9) An agreement that has been executed with the owner of the facility allowing its use as an off-track wagering facility. (10) An agreement that has been executed with the totalizator company for the equipment and system necessary for the conduct of simulcast wagering at the facility. (11) Financial reports in sufficient detail for the commission to determine the applicant's ability to adequately perform the duties of a simulcast operator. (12) A posted surety bond or other suitable instrument as approved by the Oregon Racing Commission, in an amount sufficient to ensure payment of distributable amounts of pari-mutuel pools held by the race meet licensee pursuant to statute and the faithful performance of the duties of a simulcast operator. The bond may be the same as the one posted by the race meet licensee for the conduct of the race meet. Statutory/Other Authority: ORS 462.700 Statutes/Other Implemented: ORS 462.700 History: RC 15-2023, amend filed 07/20/2023, effective 07/20/2023 RC 2-2009, f. 8-24-09, cert. ef. 10-1-09 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00