reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.2 - Conduct of licensee

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee shall not, alone or in concert with another
					 person, engage in inappropriate, illegal or unethical conduct which violates
					 the Commission's rules and regulations of racing, is inconsistent with the best
					 interests and integrity of racing or otherwise undermines the general public's
					 faith, public perception and confidence in the racing
					 industry.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.3 - License is a privilege

Current through Register Vol. 54, No. 28, July 13, 2024
While all licensees shall be afforded due process rights,
					 in accordance with section 9323(a) of the act (relating to occupational
					 licenses for individuals), a license is a privilege and shall not be deemed a
					 property right.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.4 - Term of occupational license

Current through Register Vol. 54, No. 28, July 13, 2024
Licenses, unless revoked for cause, shall be issued for the
					 period of 3 years. To facilitate a convenient and orderly licensing process,
					 the Commission may establish a staggered expiration period for occupational
					 licenses.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.5 - Occupational license fees

Current through Register Vol. 54, No. 28, July 13, 2024
In accordance with section 9312 of the act (relating to
					 additional powers of commission), the Commission established and published a
					 comprehensive fee schedule for all occupational licenses. Every 2 years the
					 Commission shall review the fee schedule to determine whether to increase any
					 fee, charge or cost associated with occupational licenses. The Commission by
					 order, notice to the regulated community and publication in the
Pennsylvania Bulletin
, shall amend the fee schedule as deemed
					 necessary.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.6 - Age requirement

Current through Register Vol. 54, No. 28, July 13, 2024
All applicants for licensing shall be at least 18 years of
					 age, unless otherwise specified in these rules and regulations or by specific
					 exemption by the Commission. An applicant seeking an age exemption must file a
					 written request with the Commission with supporting documentation to justify an
					 age-related exemption. The decision not to grant an age-related exemption may
					 not be appealed. An applicant may be required to submit a certified copy of the
					 applicant's birth certificate or other proof of age and
					 identification.
This section cited in 7 Pa. Code §
												203.11 (relating to licensing
						requirements for owners); and 7 Pa. Code §
												303.6 (relating to licensing
						requirements for owners).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.7 - Protection of horses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each person
				  licensed by the Commission shall do all that is reasonable and within the
				  licensee's power and scope of duty to guard against and prevent any horse
				  entered or to be entered in an official workout or race, from coming into
				  contact with or be administrated any drug, medication or other foreign
				  substance, including a permissible medication in excess of the maximum
				  allowable level.
(b) No licensee or
				  other person under the jurisdiction of the Commission shall subject or permit
				  any animal under the licensee's care, custody, control or supervision to be
				  subjected to or to incur any form of cruelty, mistreatment, neglect, abuse or
				  abandonment. No licensee shall injure, maim, kill, administer a noxious
				  substance to or otherwise deprive any animal of necessary veterinary care,
				  sustenance or shelter.
(c) In
				  addition to any licensing action or penalty imposed by the Commission for the
				  previous misconduct, the Commission shall immediately notify and refer the
				  cruelty matter to the appropriate authorities for possible criminal
				  prosecution.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.8 - License application process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant shall submit the appropriate
				  occupational license application and shall agree to be fingerprinted, as may be
				  required by the Commission and provide complete, accurate and truthful
				  disclosure on the application. Based upon the submission of the application,
				  the Commission or its staff shall conduct the appropriate investigation of all
				  criminal and employment records.
(b) Applicants for any form of license or
				  registration issuance receipt or renewal shall be required to complete the
				  authorization for release of confidential or background information as may be
				  required by the Commission. Refusal to complete the authorization shall be an
				  automatic bar to license or registration issuance or renewal.
(c) The Commission shall require an applicant
				  under this chapter to submit to fingerprinting for a report of Federal criminal
				  history record information.
(1) The applicant
				  must submit a full set of fingerprints to the Pennsylvania State Police or the
				  Pennsylvania State Police's authorized agent for the purpose of a record check.
				  The Pennsylvania State Police or the Pennsylvania State Police's authorized
				  agent must then submit the fingerprints to the Federal Bureau of Investigation
				  for the purpose of verifying the identity of the applicant and obtaining a
				  current record of any criminal arrests and convictions.
(2) The Commission shall consider information
				  obtained under this paragraph for the purpose of screening applicants for
				  fitness and suitability for licensure in accordance with the provisions of the
				  act or these regulations.
(3)
				  National criminal history record information received by the Commission shall
				  be handled and maintained in accordance with Federal Bureau of Investigation
				  policy.
(4) Fingerprints obtained
				  under this paragraph may be maintained by the Commission and Pennsylvania State
				  Police to enforce this chapter and for general law enforcement
				  purposes.
(5) In addition to any
				  other fee or cost assessed by the Commission, an applicant must pay for the
				  cost of the fingerprint process.
(6) The Commission may exempt applicants for
				  positions not related to the care or training of horses, racing, wagering,
				  security or the management of a licensed racing entity, from the provisions of
				  this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.9 - Fingerprinting and licensing reciprocity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may establish a modified
				  or abbreviated application process and procedures for licensees who have been
				  previously licensed and in good standing with another racing jurisdiction. In
				  utilizing the reciprocal license process, the Commission may determine that a
				  Federal Bureau of Investigation fingerprint check conducted within the previous
				  36 months or another period as approved by the Commission is adequate for its
				  criminal background investigation. The Commission, for the reciprocal license
				  process, require an abbreviated application form or affidavit, as may be
				  required by the Commission and pay the required applicable fees prior to
				  participating in racing in this Commonwealth.
(b) An applicant must be in good standing in
				  each jurisdiction where they hold or have held a racing license.
(c) The applicant shall provide this
				  jurisdiction with proof of licensure from another jurisdiction to which
				  fingerprints were submitted.
(d)
				  Provided the previous requirements have been met, the Commission may issue a
				  valid occupational license in this jurisdiction.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.10 - License renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
				  licenses shall be subject to renewal every 3 years upon application and review
				  as determined by the Commission or its designee. Occupational license renewals
				  shall not be considered automatic.
(b) The application for renewal shall be
				  submitted at least 60 days prior to expiration of the license term and shall
				  include:
(1) an update of the information
				  contained in the initial application and any prior renewal application, if
				  applicable;
(2) payment of the
				  renewal fee required by the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.11 - Licensing action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Withdrawal of application
: The Commission, the Bureau
				  Directors, the Director of Licensing or any other Commission designee may,
				  instead of issuing a formal application denial, grant the applicant permission
				  to withdraw the application without prejudice.
(b)
License approval
: The
				  Commission may grant a license if, after a thorough background investigation,
				  it finds that the experience, character and general fitness of the applicant
				  are that the participation of the person in horse racing meets and pari-mutuel
				  racing activities in this Commonwealth will be consistent with the public
				  interest and with the best interests of racing in conformity with the purpose
				  of the act.
(c)
License
				  denial
: In addition to the provisions of section 9323 of the act
				  (relating to occupational licenses for individuals), the Commission may
				  formally deny an application in accordance with these rules and regulations.
				  The applicant shall be notified of the reasons for the denial in writing. The
				  license denial shall also be issued as a formal ruling which may be reported to
				  the Association of Racing Commissioners International or the USTA or to any
				  other racing jurisdiction.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.12 - Grounds for refusal, denial, suspension or revocation of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance
				  with the provisions of section 9323(g) of the act (relating to occupational
				  licenses for individuals) the following shall apply:
(1) The Commission may not issue a license
				  under this section to an individual who has been convicted in a jurisdiction of
				  a felony offense, a misdemeanor gambling offense or a fraud or
				  misrepresentation in connection with horse racing or breeding, unless 15 years
				  has passed from the date of conviction of the offense.
(2) Following expiration of a period
				  applicable to an applicant under paragraph (1), in determining whether to issue
				  a license to an applicant, the Commission shall consider the following factors:
(i) The nature of the applicant's involvement
				  with horse racing.
(ii) The nature
				  and seriousness of the offense or conduct.
(iii) The circumstances under which the
				  offense or conduct occurred.
(iv)
				  The age of the applicant when the offense or conduct occurred.
(v) Whether the offense or conduct was an
				  isolated or a repeated incident.
(vi) Any evidence of rehabilitation,
				  including good conduct in the community, counseling or psychiatric treatment
				  received and the recommendations of persons who have substantial contact with
				  the applicant.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.13 - License restrictions, limitations and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Based upon the Commission's background
				  investigation of an applicant or licensee, the Commission may impose the
				  following restrictions, limitations or conditions upon the licensee and the
				  licensee's racing activities:
(1) grant a
				  temporary license for 4 months within a 12-month period pending a final
				  determination. A temporary license shall expire at the end of 4 months with no
				  expectation or guarantee of renewal.
(2) grant a license upon the terms and
				  conditions as deemed necessary and appropriate by the Commission or its
				  designee to protect the integrity and best interest of the racing
				  industry.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.14 - Employer responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The employment or harboring of any unlicensed person at
					 facilities under the jurisdiction of the Commission is prohibited. Every
					 licensed racing entity, owner or trainer shall report, in writing, the
					 discharge of a licensed employee to the Commission or its designee, including
					 the person's name, occupation and reason for the discharge.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.15 - Workers' compensation insurance required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All licensed employers shall carry
				  workers' compensation insurance covering their employees as required by the
				  laws of the Commonwealth. Owners and trainers shall provide a list of employees
				  on the badge list and shall produce evidence of coverage on an ongoing
				  basis.
(b) No licensed owner or
				  trainer shall grant, give or provide an ownership interest in a horse to their
				  employee to avoid the worker's compensation insurance requirement. An owner,
				  trainer and the owner or trainer's employee shall file an affidavit and provide
				  the documentation, as required by the Commission, to evidencing a true and
				  proper ownership interest of the horse by the employee.
(c) Notwithstanding the language in
				  subsections (a) and (b), licensed racing entities may establish their own
				  guidelines, requirements and procedures governing worker's compensation
				  insurance coverage.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.16 - Misuse of license

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not exercise or attempt to exercise the rights
					 of an occupational license not otherwise properly authorized by the Commission
					 through the appropriate licensing procedures set forth in this chapter. The
					 Commission will exercise the power to regulate the conduct of persons holding
					 licenses or who are participating in racing by the use of rights of a
					 licensee.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.17 - Relationships with suspended or inactive persons prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person shall not train a horse or
				  practice veterinary medicine for the benefit, credit, reputation, or
				  satisfaction of an inactive or suspended person. This prohibition shall not
				  prevent the partners in a veterinary practice from providing services to horses
				  so long as the inactive person does not receive a pecuniary benefit from those
				  services.
(b) An employee or
				  associated person of a suspended or inactive person shall not:
(1) Assume the suspended person's
				  responsibilities at a location under the jurisdiction of the
				  Commission;
(2) Complete an entry
				  form for a race on behalf of or for the suspended or inactive person or an
				  owner or customer for whom the suspended or inactive person has worked;
				  or
(3) Pay or advance an entry fee
				  on behalf of the suspended or inactive person or owner or customer for whom the
				  inactive person has worked.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.18 - Association with undesirables

Current through Register Vol. 54, No. 28, July 13, 2024
If a person under the jurisdiction of the Commission shall
					 be approached with an offer, promise, request or a suggestion for a bribe or
					 for an improper, corrupt or fraudulent act in relation to racing or that a race
					 shall be conducted otherwise than fairly and in accordance with the rules of
					 this Commission, it shall be the duty of the person to immediately report the
					 matter to the Commission or one of its appointed
					 representatives.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.19 - Wagering misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee or employee of a licensed racing entity or its
					 concessionaires may not knowingly, by false representation, attempt to cause
					 another person to wager on a horse in a race to be run nor may he demand
					 compensation as a reward for a racing prediction provided to a person or entity
					 for wagering purposes. This does not apply to the vending of newspapers or to
					 other publications approved by the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 185 - OCCUPATIONAL LICENSES-TEMPORARY REGULATIONS › Section 185.20 - Spousal disqualification

Current through Register Vol. 54, No. 28, July 13, 2024
Disqualification of one spouse applies to the other only if
					 it can be demonstrated that the horses owned or controlled by the disqualified
					 spouse are also under the ownership or control of the spouse who has not been
					 disqualified. The Commission shall determine the necessary information,
					 documentation and evidence to demonstrate separate and independent ownership or
					 control of the horse by the non-disqualified spouse.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.1 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As set
				  forth in section 9351(a.1) of the act (relating to general license
				  requirements), racing vendors and totalisator companies, irrespective of their
				  physical location and operation, seeking to provide racing related services to
				  licensed racing entities within this Commonwealth, must be properly licensed by
				  the Commission in accordance with this chapter.
(1) An incomplete application shall not be
				  reviewed or considered for licensure.
(2) A racing vendor or totalisator system may
				  not begin operations until approved by the Commission or its
				  designee.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.2 - License costs and fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  applicant shall submit, along with its initial license application, the
				  applicable license fees set forth in section 9352(3)(ii) of the act (relating
				  to licensing costs and fees). The applicant shall also pay all costs incurred
				  by the Commission in reviewing an application for an initial license, including
				  any legal and investigative costs and the cost of other necessary outside
				  professionals and consultants as set forth in the act.
(1) Any portion of the payment not required
				  to complete the investigation shall be refunded to the applicant as provided in
				  the act.
(3) To the extent
				  additional costs will be necessary, the applicant shall reimburse the
				  Commission in an amount reasonably requested by the Commission within 10 days
				  of receipt of the request. Failure to submit an additional requested payment
				  shall result in suspension of the processing of the license application and may
				  result in denial of the license.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.3 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  application for an initial or renewal license for a racing vendor or
				  totalisator company shall be in the form and manner prescribed by the
				  Commission in accordance with the provisions of the act and this chapter. The
				  Commission may deny a license to an applicant that provides false or misleading
				  information or omits material information from the application. The SPMO
				  application shall include all of the following:
(1) The applicant's legal name.
(2) The location of the applicant's principal
				  office.
(3) The name, address and
				  date of birth of each principal with a 5% or greater share of ownership or
				  beneficial interest in the applicant.
(4) Audited financial statements for the last
				  3 years or, if the applicant does not have audited financial statements,
				  financial and other pertinent information as required by the Commission to
				  determine that the applicant is financially capable of operating as a going
				  concern and protecting accounts.
(5) A detailed plan of how the applicable
				  racing, wagering or other system to be licensed will operate. The Commission
				  may require changes in the proposed plan of operations as a condition of
				  granting a license. There shall not be subsequent material changes in the plan
				  of operations unless ordered by the Commission or until approved by the
				  Commission after receiving a written request.
(6) A list of all personnel assigned to work
				  in this Commonwealth including processing wagers on races made by residents of
				  this Commonwealth. This list shall be kept current and be provided to the
				  Commission upon request.
(7) Copies
				  of all documents required under this subsection by the Commission.
(8) Certification of compliance with
				  totalisator standards and licensing requirements adopted by the
				  Commission.
(9) A type II SAS 70
				  report or other independent report in a form acceptable to the Commission
				  completed within the preceding 12 months, to assure adequate financial controls
				  are in place in the secondary pari-mutuel organization.
(10) An agreement to allow the Commission, if
				  requested, to inspect and monitor each facility used by the racing vendor or
				  totalisator in the performance of its racing related duties within this
				  Commonwealth.
(11) Certification of
				  the use of a pari-mutuel system which meets all requirements for a pari-mutuel
				  system utilized by a licensed racing entity in this Commonwealth.
(12) Written evidence of tax compliance as
				  set forth in section 9361 of the act (relating to tax compliance
				  requirement).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.4 - Review and approval

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.5 - Good-faith cooperation

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant or licensed racing vendors and totalisators
					 must be fully cooperative and act in good faith with all disclosure and other
					 duties involved in a due diligence investigation, voluntarily submit to
					 regulatory and investigating body oversight, permit inspection of each business
					 record upon request by a regulatory authority or investigating body, promptly
					 honor regulatory or investigating body requests for wagering patterns or other
					 information and, after reasonable notice, permit full access to each facility
					 and property by a regulatory authority or investigating body.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.6 - Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
A due diligence investigation may rely on an investigation
					 and oversight conducted by a Commission-approved entity or other gaming
					 regulator.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.7 - Additional application information

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may request additional information from an
					 applicant if the additional information would assist the Commission in deciding
					 whether to issue or renew a license, including all of the following:
(1) Copies of any documents used by the
				  applicant in preparing the application.
(2) A list of each contract between the
				  applicant and a third party related to operations. The Commission may review
				  the contracts at any time upon request.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.8 - Racing vendor or totalisator operations

Current through Register Vol. 54, No. 28, July 13, 2024
Before doing business in this Commonwealth may also require
					 all of the following from either a racing vendor or totalisator
					 licensee:
(1) Be qualified to do
				  business in this Commonwealth.
(2)
				  Submit a copy of each document required to be filed with the Department of
				  Revenue and each document related to an audit or investigation by any Federal,
				  State or local regulatory agency to the Commission.
(3) Remit to the Commission a copy of each
				  document required to be filed with any Federal, State or local regulatory
				  agency.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 187 - RACING VENDORS AND TOTALISATORS-TEMPORARY REGULATIONS › Section 187.9 - Penalties and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission shall have all rights, powers and remedies
					 necessary to carry out the provisions of this chapter and to ensure the
					 licensees' compliance with the act, including revocation, suspension or
					 modification of a license and the imposition of fines under section 9325 of the
					 act (relating to power of commission to impose fines).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › Section 189.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Applicant
-A duly licensed racing entity
					 seeking to relocate an existing operational nonprimary location or reopening of
					 a previously operational nonprimary location with the Commission.
Architect
-A person licensed to practice
					 the profession of architecture.
Center of the racetrack
-The point located
					 at the center of the area circumscribed by the inside rail of the
					 racetrack.
Charitable institution
-A building occupied
					 in whole or in part by an organization dedicated to the relief of a certain
					 class of persons either by financial assistance, education or care on a
					 not-for-profit basis and exempt from taxation under the Internal Revenue Code (
					 26 U.S.C.A. §§
											1-7872.
Church
-A building occupied in whole or in
					 part by an organization engaged in religious worship or instruction.
Engineer
-A person licensed to practice the
					 profession of engineering.
Facility
-The buildings or internal areas
					 of buildings under the lease, possession, ownership or control by a licensed
					 racing entity.
Handle
-The total amount of money
					 wagered.
Hospital
-A building used in whole or in
					 part for the extended, overnight, medical care of ten or more sick, wounded,
					 aged or infirm persons.
Local resident
-A person whose residence is
					 within 10 miles of a proposed nonprimary location.
Nonprimary location
-A facility in which
					 pari-mutuel wagering is conducted by a licensed racing entity in accordance
					 with this chapter other than the racetrack where live racing is conducted.
					 Commonly known as off-track wagering (OTW) facility.
Public park
or
playground
-Land owned by the Commonwealth or a county, township, municipality, borough,
					 school district or other governmental unit within this Commonwealth, open to
					 the public for recreational purposes.
Race related information
-Current odds,
					 program changes, order of finish and other information typically displayed to
					 patrons at the racetrack on the infield tote board, with respect to a race upon
					 which patrons of a nonprimary location may wager.
School
-A building used during the majority
					 of the calendar year, in whole or in part, for educational or instructional
					 purposes on a not-for-profit basis by an organization accredited by the
					 Department of Education.
Relocation
or
Reopen
					 Petition
-shall mean a petition filed with the Commission by a licensed
					 racing entity seeking to relocate an existing operational nonprimary location
					 or to reopen a previously licensed and operational nonprimary location.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › Section 189.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance
				  with section 9331(a) of the act (relating to pari-mutuel wagering at nonprimary
				  locations), the Commission may approve a licensed racing entity to continue to
				  operate a nonprimary location where it has previously conduct pari-mutuel
				  wagering on horse races conducted by the licensed racing entity. This chapter
				  applies to the relocation of existing operational nonprimary locations or to
				  the reopening of a previously operational nonprimary location operated by a
				  licensed racing entity.
(b) The
				  chapter shall not apply to a petition by the licensed racing entity for the
				  reconstruction, refurbishment or realignment of the physical facility, layout
				  or floor space of an existing operational nonprimary location.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › Section 189.3 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only a
				  licensed racing entity may apply for the relocation or reopening of a
				  nonprimary location.
(b) A duly
				  licensed racing entity corporation may seek approval by the Commission for the
				  relocation of an existing operational nonprimary location or for the re-opening
				  of a previously operational nonprimary location by submitting a Relocation or
				  Reopen Petition with the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › RELOCATION OR REOPENING OF A NONPRIMARY LOCATION › Section 189.11 - Relocation or reopen petition and fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A relocation or reopen petition,
					 whichever is applicable, shall be in the form prescribed by the Commission and
					 shall be accompanied by the necessary documents, information, architectural
					 renderings, exhibits and any other information requested by the
					 Commission.
(b) The Commission
					 shall establish, adopt and publish the applicable relocation or reopen fee
					 which must accompany the specific petition sought by the licensed racing
					 entity. The licensed racing entity shall reimburse the Commission for any
					 investigative, legal or administrative costs and fees associated with the
					 review and approval of the petition.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › RELOCATION OR REOPENING OF A NONPRIMARY LOCATION › Section 189.12 - Filing of a petition; documentation required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition and the documentation required
					 shall be submitted as follows:
(1) Part I
					 requires the submission of the following information, exhibits and
					 documentation:
(i) The address of the
					 location or physical 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 to the location.
(xiii)
					 The number and types of full-time 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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › RELOCATION OR REOPENING OF A NONPRIMARY LOCATION › Section 189.13 - Review of petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
					 to granting approval of a petition for the relocation of an existing
					 operational nonprimary location or the reopening of a previously operational
					 nonprimary location by the licensed racing entity, the Commission, will conduct
					 its due diligence and review of the proposed location and facility. To further
					 its review, the Commission may:
(1) Require an
					 oral presentation by the Petitioner as determined by the Commission;
(2) Receive and utilize documents,
					 transcripts and information from other racing, gaming or zoning regulatory
					 entities, in or outside of this Commonwealth;
(3) Seek written public comments from
					 interested persons from the county in which the proposed facility will be
					 located, as set forth in §
												189.14 (relating to written public
					 comment);
(4) Conduct a public
					 comment hearing, if necessary, in accordance with the provisions set forth in
					 §
												189.15 (relating to public comment
					 hearing); or
(5) Adopt any other
					 procedure deemed necessary and appropriate to assist it in the review of the
					 proposed facility.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › RELOCATION OR REOPENING OF A NONPRIMARY LOCATION › Section 189.14 - Written public comment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
					 Commission determines, in its sole discretion, the need for written public
					 comment relating to the relocation of an existing nonprimary facility or the
					 re-opening of a previously operational nonprimary location, the Commission may
					 utilize the following procedures:
(1) The
					 Commission shall provide notice of the licensed racing entity's submitted
					 petition and location at its monthly public meeting immediately following
					 receipt of the petition or it may publish the notification of the licensed
					 racing entity's petition in the
Pennsylvania
					 Bulletin
.
(2) There shall
					 be a 30-day period following notice as set forth in subsection (1) during which
					 written comments may be submitted by interested persons.
(3) Written public comment shall be limited
					 to verifiable residents of the county in which the proposed facility will be
					 relocated or reopened.
(4) Written
					 comments submitted during the 30-day comment period will be retained and
					 incorporated into the record to be reviewed and considered by the
					 Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › RELOCATION OR REOPENING OF A NONPRIMARY LOCATION › Section 189.15 - Public comment hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission will provide an opportunity for the licensed racing entity or any
					 other interested agency, person or group of persons within the county where the
					 proposed facility will be located to submit a written request for a public
					 comment hearing regarding the nonprimary location petition.
(b) The written request seeking a public
					 comment hearing must:
(1) be filed within the
					 30-day time period set forth in §
												189.14 (relating to written public
					 comment);
(2) clearly and concisely
					 identify the specific interest of the person filing the request, including
					 name, address, telephone number, of the requesting person; and
(3) set forth the specific reasons why a
					 hearing is warranted.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › RELOCATION OR REOPENING OF A NONPRIMARY LOCATION › Section 189.16 - Intervention in a nonprimary location petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subsection pertains exclusively to
					 intervention in a petition for the relocation of an existing nonprimary
					 facility or the reopening of a previously operational nonprimary location under
					 this section and is not applicable to other hearings before the Commission. The
					 right to intervene in a hearing under this section is within the sole
					 discretion of the Commission.
(1) A person
					 wishing to intervene in the matter before the Commission shall file a petition
					 to intervene in accordance with this subsection.
(2) A person may file a petition to intervene
					 under this subsection if the person has an interest in the proceeding which is
					 substantial, direct and immediate and if the interest is not adequately or
					 otherwise represented in the matter.
(3) Petitions to intervene in nonprimary
					 location matters shall be filed within 30 days from the date of published
					 notice by the Commission of the receipt of the nonprimary location
					 petition.
(4) Petitions to
					 intervene must set out clearly and concisely the facts demonstrating the nature
					 of the alleged right or interest of the petitioner, the grounds of the proposed
					 intervention, and the position of the petitioner in the proceeding. The
					 petitioner shall fully and completely advise the licensed racing entity and the
					 Commission of the specific issues of fact or law to be raised or controverted
					 and cite provisions or other authority relied upon.
(5) The licensed racing entity seeking the
					 relocation or reopening of the nonprimary location may file an Answer to a
					 Petition to Intervene, and in default thereof, will be deemed to have waived
					 any objection to the granting of the petition. If made, answers shall be filed
					 within 10 days after the date the petition to intervene is filed with the
					 Commission, unless for cause the Commission prescribes a different time. A
					 complete copy of the Answer to the Petition to intervene shall be served on the
					 Commission and the petitioner who seeks to intervene.
(6) Except when the Commission determines
					 that it is necessary to develop a comprehensive evidentiary record, the
					 participation of a person granted the right to intervene in the nonprimary
					 location matter will be limited to the presentation of evidence through the
					 submission of written statements attested to under oath. The written statements
					 shall be part of the evidentiary record.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › RELOCATION OR REOPENING OF A NONPRIMARY LOCATION › Section 189.17 - Standards for approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 9331 (relating to pari-mutuel wagering at nonprimary locations) of the
					 act, the Commission will consider the following in determining whether to grant
					 or deny approval of a petition:
(1) Whether
					 the proposed relocated or reopened facility contains or has access to 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 continue to
					 create jobs within 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 employees 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 petition.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › REQUIREMENTS FOR THE NONPRIMARY LOCATION › Section 189.21 - Concessionaires or vendors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person, firm, concessionaire or vendor which holds a concession, right or
					 privilege to perform a service or sell an item at a nonprimary location
					 operated by a licensed racing entity shall be licensed by the
					 Commission.
(b) The licensed racing
					 entity, if requested by the Commission, shall provide a copy of an audited
					 financial statement reflecting its operations at each nonprimary
					 location.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 189 - NONPRIMARY LOCATIONS-TEMPORARY REGULATIONS › REQUIREMENTS FOR THE NONPRIMARY LOCATION › Section 189.22 - Display of races and race related information at a nonprimary location

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 shall be offered to patrons at every nonprimary location:
(1) Audio and video coverage of every race
					 upon which patrons of the nonprimary location are permitted to wager, including
					 coverage of the horses in the paddock and while scoring.
(2) Video coverage of race related
					 information for every race upon which patrons of the nonprimary location are
					 permitted to wager.