reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › APPLICATION FOR A NONPRIMARY LOCATION › Section 189.22 - Filing of a Statement; documentation required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A Statement will be considered, and may
				  be submitted, in three parts as follows:
(1)
				  Part I requires the submission of the following information, exhibits and
				  documentation:
(i) The address of the
				  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 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.
(xviii) A nonrefundable fee of
				  $1,000.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › APPLICATION FOR A NONPRIMARY LOCATION › Section 189.25 - Standards for approval

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › REQUIREMENTS FOR A NONPRIMARY LOCATION › Section 189.41 - Facility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  nonprimary location facility shall contain:
(1) An adequate number of free drinking water
				  fountains and rest rooms for use of patrons.
(2) Facilities and design to ensure that the
				  facility is accessible to the physically handicapped.
(3) Amenities such as the restaurant and
				  handicapping facilities required by the act.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › REQUIREMENTS FOR A NONPRIMARY LOCATION › Section 189.42 - Concessionaires

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person, firm,
				  association, group or corporation which holds a concession, right or privilege
				  to perform a service or sell an item at a nonprimary location operated by a
				  licensed corporation shall be licensed by the Commission and shall submit to
				  the Commission a copy of each report, advice or other document which that
				  person, firm, association, group or corporation furnishes or is required to
				  furnish to the licensed corporation to substantiate rentals, service fees or
				  similar financial or business arrangements between the parties.
(b) A person, firm, association, group or
				  corporation operating a concession, performing a service or selling an item at
				  a nonprimary location shall submit the following reports to the Commission:
(1) An audited profit and loss statement
				  reflecting its operations at each nonprimary location. This report shall state
				  the gross revenues derived during the reporting period as well as expenses paid
				  or accrued during the reporting period. Income and expense items shall be shown
				  in detail. This profit and loss statement shall be filed with the Commission by
				  January 31 and reflect operations during the preceding calendar year.
(2) Certified financial statements, including
				  a Balance Sheet, Income Statement and a Statement of Change In Financial
				  Position. These financial statements shall be submitted within 75 days of the
				  end of the calendar year in the case of a person, or the fiscal year in the
				  case of a firm, association, group or corporation.
(3) Upon request of the Commission:
(i) Copies of weekly payrolls of persons
				  employed at a nonprimary location, including the name and address of each
				  person.
(ii) Copies of written
				  contracts and agreements and a summary of verbal contracts and agreements at a
				  nonprimary location.
(iii) A list
				  of the owners of the firm, association, group or corporation.
(iv) A list of the officers and directors and
				  the compensation paid to each of them.
(4) Upon the sale or transfer of an ownership
				  interest in a concessionaire, an affidavit setting forth the information
				  required by section 204 of the act (4 P. S. §
												325.204), and Chapter 185 Subchapter C
				  (relating to stock issues or transfers).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › REQUIREMENTS FOR A NONPRIMARY LOCATION › Section 189.43 - Transmission of races and race related information to nonprimary locations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed
				  corporation permitting patrons of a nonprimary location to wager on races it
				  conducts shall install a system permitting the transmission of audio and video
				  coverage of the races it conducts and race related information from the
				  racetrack to the nonprimary location. The system shall transmit this audio and
				  video coverage without interception or interference, either by encoding the
				  signal or by other means. The system shall include a means of transmitting the
				  audio portion of the coverage independently of the video coverage if the video
				  coverage is interrupted.
(b) A
				  licensed corporation permitting patrons of a nonprimary location to wager on
				  races it conducts shall transmit the following to the nonprimary location:
(1) Live audio and video coverage of the
				  races it conducts, including coverage of the horses in the paddock and while
				  scoring.
(2) Video coverage of race
				  related information.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › REQUIREMENTS FOR A NONPRIMARY LOCATION › Section 189.44 - 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 patron's 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.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › REQUIREMENTS FOR A NONPRIMARY LOCATION › Section 189.45 - Wagering requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Wagering on races at a nonprimary location shall be conducted using the
				  pari-mutuel system of wagering.
(b)
				  A nonprimary location shall be equipped with:
(1) A communication system that permits
				  communication among the pari-mutuel department of the nonprimary location and
				  the pari-mutuel department and judges of racetracks conducting races on which
				  patrons of the nonprimary location may wager.
(2) A system capable of ensuring that money
				  wagered on a particular race is included in the pari-mutuel pool of the
				  racetrack conducting the race.
(3)
				  A system capable of ensuring that pari-mutuel machines at the nonprimary
				  location lock upon the ringing of the bell or upon the closing of wagering for
				  any reason.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › REQUIREMENTS FOR A NONPRIMARY LOCATION › Section 189.46 - Location mutuel manager

Current through Register Vol. 54, No. 28, July 13, 2024
An individual shall be designated as a location mutuel
					 manager at each nonprimary location. This individual shall:
(1) Oversee the pari-mutuel operations at the
				  nonprimary location.
(2) Receive
				  communications from the mutuel manager of each racetrack conducting races upon
				  which patrons of the nonprimary location may wager.
(3) Oversee the operation of the equipment
				  being used to include money wagered at the nonprimary location in the
				  pari-mutuel pool at the racetrack conducting the race and suspend wagering at
				  the nonprimary location if the money wagered is not being transmitted to the
				  pari-mutuel pool at the racetrack conducting the race.
(4) Be responsible for ensuring that laws and
				  regulations governing pari-mutuel wagering are observed at the nonprimary
				  location.
(5) Be licensed by the
				  Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › REQUIREMENTS FOR A NONPRIMARY LOCATION › Section 189.47 - Number of nonprimary locations permitted

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed corporation authorized to hold
				  race meetings at a primary racetrack location at which more than one license is
				  so authorized may be granted approval for two nonprimary locations, except that
				  no approval will be granted if the approval would result in the number of
				  nonprimary locations for any primary racetrack exceeding four. For purposes of
				  this section, the term "primary racetrack" includes a racetrack at which either
				  horse or harness race meetings, or both, are being conducted.
(b) A licensed corporation authorized to hold
				  race meetings at a primary racetrack location at which only one license is so
				  authorized may be granted approval for three nonprimary locations.
(c) Notwithstanding subsection (a) or (b),
				  the Commission may approve one additional nonprimary location during the
				  calendar year 1989 and 1990 for one corporation licensed to conduct race
				  meetings at the primary racetrack location.
(d) Recognizing that the approvals referred
				  to in subsection (c) may only be granted in 1989 and 1990 respectively, and
				  recognizing the increased risk placed upon construction workers and the public
				  if the pace of construction is accelerated, the Commission adopts the following
				  interpretation. A nonprimary location subject to subsection (c) shall be deemed
				  to be approved at the time when the Commission approves the information
				  contained in Part I of the Statement. This approval shall be subject to
				  revocation if the information contained in Parts II and III of the Statement is
				  not approved. Other Statements shall be deemed approved only when all parts of
				  the Statement have been approved.
(e) A primary racetrack location at which
				  more than one licensed corporation is so authorized shall be awarded a maximum
				  of six nonprimary locations. A primary racetrack location at which only one
				  licensed corporation is so authorized shall be awarded a maximum of five
				  nonprimary locations.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.61 - Operation of a single nonprimary location by more than one licensed corporation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a
				  site is approved by the Commission as a nonprimary location established by more
				  than one licensed corporation, by agreement between the licensed corporations
				  and with the approval of the Commission, one licensed corporation may operate
				  the pari-mutuel equipment at the nonprimary location.
(b) If a single nonprimary location is
				  established by more than one licensed corporation, each corporation is
				  responsible for ensuring that the act and this part are observed at the
				  nonprimary location.
(c) Licensed
				  corporations desiring approval for the operation of a nonprimary location by
				  more than one licensed corporation shall file and obtain approval of the
				  agreement governing operation of the nonprimary location from the
				  Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.62 - Maintenance of a nonprimary location facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed corporation that establishes a
				  nonprimary location shall maintain the grounds and the facility at the
				  nonprimary location so as to be neat and clean, painted and in good repair,
				  with special consideration for the comfort and safety of patrons, employes and
				  other persons whose business requires their attendance.
(b) A licensed corporation that establishes a
				  nonprimary location shall maintain in good working order the equipment being
				  used to transmit and receive audio and video signals, to display the audio and
				  video signals and to include money wagered in common pari-mutuel
				  pools.
(c) Plans for renovations,
				  rehabilitations or changes to be made to a nonprimary location after the
				  commencement of operations shall first be approved by the Commission before
				  being implemented.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.63 - Impermissible conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) While at a
				  nonprimary location, no person may:
(1) Use
				  improper, profane or indecent language to a racing official, licensee or
				  Commission employe.
(2) Disturb the
				  peace or make himself obnoxious to others.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.64 - Ejections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				  or a licensed corporation may eject a person from a nonprimary location under
				  the same circumstances as set forth in the act or this part.
(b) A person ejected from the racetrack
				  enclosure of a licensed corporation shall be excluded from all nonprimary
				  locations of the licensed corporation.
(c) A person ejected from a nonprimary
				  location shall be excluded from the racetrack enclosure and all nonprimary
				  locations of the licensed corporation.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.65 - Conditions of approval

Current through Register Vol. 54, No. 28, July 13, 2024
Approval issued by the Commission will contain the
					 following conditions:
(1) The
				  Commission, its agents or employes will have immediate and complete access to
				  the areas where activity is being or will be conducted under the act or this
				  part, as necessary to determine compliance with the act and this part, upon
				  presentation of appropriate credentials and without advance notice or a search
				  warrant.
(2) Records pertaining to
				  activities conducted under the act or this part shall be produced for
				  inspection upon demand by the Commission, its agents or employes.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.66 - Inspection authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission, its agents or employes will have access to, and require the
				  production of, books and papers, documents and physical evidence pertinent to a
				  matter being investigated under the act or this part.
(b) At least annually, the Commission, its
				  agents or employes will inspect the following facilities of licensed
				  corporations for the purposes set forth in subsection (c):
(1) The racetrack at which the licensed
				  corporation conducts 50% or more of its live races.
(2) Nonprimary locations operated by the
				  licensed corporation.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.67 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a licensed
				  corporation fails to maintain its racetrack or nonprimary locations in good
				  condition or fails to make adequate provision for rehabilitation and capital
				  improvements, the Commission will direct the licensed corporation to institute
				  appropriate remedial measures.
(b)
				  If a licensed corporation fails to institute the remedial measures directed by
				  the Commission, the Commission may:
(1)
				  Suspend or revoke the approval of one or more nonprimary locations operated by
				  the licensed corporation.
(2)
				  Suspend or revoke the license of the licensed corporation to conduct live
				  racing.
(3) Impose other penalties
				  authorized by the act.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.68 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed corporation may not discriminate against an
					 employe, applicant for employment, independent contractor or other person
					 because of race, color, religious creed, ancestry, national origin, age, sex or
					 non-job related handicap or disability.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.69 - Proximity to certain uses

Current through Register Vol. 54, No. 28, July 13, 2024
In determining whether a nonprimary location satisfies the
					 legislative intent of the act, the Commission will consider the proximity of
					 the nonprimary location to a church, hospital, charitable institution, school,
					 public park or playground. In its consideration of these factors, the
					 Commission will be guided by the laws of the Commonwealth regulating the sale
					 of alcoholic beverages as set forth in section 4 of the Liquor Code
					 (47
					 P. S. §
											4-404).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.70 - Interpretation of conducting a race meeting

Current through Register Vol. 54, No. 28, July 13, 2024
No licensed corporation will be considered as conducting a
					 race meeting at a racetrack at which it has not scheduled more than 50% of its
					 races during the current year.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.71 - Admission of minors

Current through Register Vol. 54, No. 28, July 13, 2024
No licensed corporation may permit a person who is 17 years
					 of age or younger to wager at a nonprimary location. No licensed corporation
					 may permit a person who is 17 years of age or younger to attend a nonprimary
					 location unless the person is accompanied by a parent or guardian. This section
					 does not prohibit persons 17 years of age or younger who are legally employed
					 from being on the nonprimary location premises for the sole purpose of
					 performing their duties as employes.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › OPERATION OF A NONPRIMARY LOCATION › Section 189.72 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
Reports required to be filed by a licensed corporation with
					 respect to its operations and records required to be maintained shall also be
					 filed and maintained separately for each nonprimary location operated by the
					 licensed corporation.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.1 - 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:
Administration of a common pari-mutuel
				  pool
-The performance of ministerial functions relating to a common
				  pari-mutuel pool which may include computation of pool totals, odds and
				  probable payoffs, allocation of funds for distribution to entities establishing
				  the common pari-mutuel pool and preparation of accountings.
Common pari-mutuel pool
-A pari-mutuel
				  wagering pool administered in one jurisdiction which includes legal wagers of a
				  single type placed in more than one jurisdiction on a race or series of races.
Establishment of a common pari-mutuel
				  pool
-The inclusion of wagers placed in different jurisdictions on a
				  horse race into a single pari-mutuel pool.
Net amount wagered
-The amount wagered
				  reduced by the retention imposed under the laws of the Commonwealth or another
				  jurisdiction.
Procedures established for the administration of the
				  common pari-mutuel pool
-The administrative procedures agreed to by the
				  entities establishing a common pari-mutuel pool which may include the procedure
				  for accepting wagers into the common pari-mutuel pool, distributing money from
				  the common pari-mutuel pool, transmitting wagering information and transferring
				  money between the entities establishing the common pari-mutuel
				  pool.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.2 - Authorization of a common pari-mutuel pool

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon approval of the Commission, a
				licensed corporation may establish a common pari-mutuel pool with entities
				permitted under the laws of another jurisdiction to conduct pari-mutuel
				wagering on the results of horse races. The common pari-mutuel pool may be
				established to accept wagers on a race conducted outside this
				Commonwealth.
(b) A common
				pari-mutuel pool established under this chapter may consist of the amount
				wagered or the net amount wagered by a patron:
(1) Of the licensed corporation.
(2) Of another licensed corporation within
				this Commonwealth.
(3) Of a
				corporation licensed by the Commission.
(4) Under the laws of another
				jurisdiction.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.3 - Application for permission to establish a common pari-mutuel pool

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed
				corporation may apply to the Commission for permission to establish a common
				pari-mutuel pool.
(b) An
				application for permission to establish a common pari-mutuel pool shall be
				submitted to the Commission at least 30 days prior to the commencement of
				wagering into the common pari-mutuel pool. The Commission may accept an
				application filed less than 30 days prior to the commencement of wagering for
				good cause shown.
(c) An
				application for permission to establish a common pari-mutuel pool shall be in a
				form prescribed by the Commission and shall contain the following:
(1) The name of the licensed corporation
				requesting permission to establish the common pari-mutuel pool.
(2) The name, date and jurisdiction of the
				racetrack conducting the race on which wagers will be accepted for inclusion
				into the common pari-mutuel pool.
(3) The name and licensing jurisdiction of
				each entity that will be accepting wagers for inclusion into the common
				pari-mutuel pool.
(4) A copy of the
				agreement for the simulcast of the race on which wagers will be accepted for
				inclusion into the common pari-mutuel pool.
(5) A copy of the agreement among the
				entities establishing the common pari-mutuel pool.
(6) A copy of the procedures established for
				administration of the common pari-mutuel pool.
(7) A copy of approvals required under the
				Interstate Horseracing Act of 1978 (15 U.S.C.A. §§
											3001-3007).
(8) The minimum amount of a wager which will
				be accepted for inclusion in the common pari-mutuel pool.
(9) The retention rate to be applied to
				amounts wagered in this Commonwealth for inclusion in the common pari-mutuel
				pool.
(10) The retention rate to be
				applied to amounts wagered in each jurisdiction other than the Commonwealth for
				inclusion in the common pari-mutuel pool.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.4 - Review of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Commission may approve an application for permission to establish a common
				pari-mutuel pool if the Commission determines that the establishment of the
				common pari-mutuel pool will be in the best interest of racing in this
				Commonwealth and if the following conditions are satisfied:
(1) The race upon which patrons will be
				permitted to wager may be simulcast under section 216 of the act (4 P. S. §
											325.216) or under the Interstate Horseracing
				Act of 1978 (15 U.S.C.A.
				§§
											3001-3007), or
				both.
(2) The wager to be accepted
				is of a type which may be permitted by the Commission under section 221 of the
				act (4 P. S. §
											325.221).
(3) The agreement under which the common
				pari-mutuel pool will be established and the procedures established for the
				administration of the common pari-mutuel pool comply with the the act and this
				chapter.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.5 - Retention and distribution of retention

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed corporation that establishes a
				common pari-mutuel pool under this chapter shall retain from each wager placed
				in this Commonwealth an amount equal to the percentage retention rate approved
				by the Commission.
(b) The
				Commission will not approve a percentage retention rate which is less than or
				exceeds the minimum or maximum retention rate permitted for comparable wagers
				under section 221 of the act (4 P. S. §
										325.221).
(c) A wager placed in this Commonwealth for
				inclusion in a common pari-mutuel pool established under this chapter shall be
				included by the licensed corporation in the amount wagered that racing day. A
				wager placed in another jurisdiction for inclusion in a common pari-mutuel pool
				established under this chapter may not be included in the amount wagered that
				racing day.
(d) Money retained by a
				licensed corporation under subsection (a) plus breakage allocated to the
				licensed corporation that establishes a common pari-mutuel pool under this
				chapter, shall be distributed in the same manner as other amounts retained
				under the act.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.6 - Distribution of common pari-mutuel pool

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Money in a common pari-mutuel pool shall
				be distributed to the holders of winning pari-mutuel tickets in conformity with
				the common practice of the pari-mutuel system.
(b) Money in a common pari-mutuel pool may be
				distributed to the holders of winning pari-mutuel tickets according to a net
				pricing calculation which reflects differing retention rates approved under the
				laws of the Commonwealth and other jurisdictions accepting wagers for inclusion
				into the common pari-mutuel pool.
(c) The procedures established for the
				administration of the common pari-mutuel pool shall include a procedure for the
				following:
(1) Distributing money in the
				common pari-mutuel pool to the holders of winning tickets.
(2) Allocating breakage between the entities
				contributing to the common pari-mutuel pool.
(3) Allocating funds for uncashed winning
				tickets between the entities contributing to the common pari-mutuel
				pool.
(4) Providing an accounting
				to the licensed corporation for submission to the Commission of contributions
				to and distributions from the common pari-mutuel pool.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.7 - Responsibility for distribution

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed corporation that establishes a common pari-mutuel
				  pool under this chapter is liable to the following:
(1) The holder of a winning pari-mutuel
				ticket representing a wager placed within this Commonwealth for inclusion in
				the common pari-mutuel pool for the distribution of winnings from the common
				pari-mutuel pool.
(2) The
				Commonwealth for all other distributions required under the act or this chapter
				as a result of wagers placed in this Commonwealth for inclusion in the common
				pari-mutuel pool.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.8 - Races for which a common pari-mutuel pool is established

Current through Register Vol. 54, No. 28, July 13, 2024
A race for which a common pari-mutuel pool has been
				  established shall be conducted under the rules of racing of the jurisdiction in
				  which the race is conducted unless that jurisdiction approves
				  otherwise.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.9 - Publication and posting of rules

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed corporation that establishes a common pari-mutuel
				  pool under this chapter shall:
(1)
				Print a summary of the rules governing wagers into and distributions from the
				common pari-mutuel pool in its program for the day of the race.
(2) Post a complete copy of the rules
				governing administration of the common pari-mutuel pool prominently at each
				betting window or group of betting windows in its racetrack
				enclosure.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.10 - Administration of common pari-mutuel pool by a licensed corporation

Current through Register Vol. 54, No. 28, July 13, 2024
An agreement under which a licensed corporation will
				  administer a common pari-mutuel pool shall contain a provision absolving the
				  licensed corporation from liability if it becomes impossible to include wagers
				  placed in another jurisdiction into the common pari-mutuel pool or if a
				  representative of the Commission or licensed corporation determines that
				  attempting to include wagers placed in another jurisdiction in the common
				  pari-mutuel pool will endanger the licensed corporation's wagering
				  pool.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 190 - COMMON POOL WAGERING › Section 190.11 - Display of racing and wagering information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed corporation which establishes
				a common pari-mutuel pool under this chapter shall present an audio and video
				display of the race, including the post parade, upon which patrons may place
				wagers for inclusion into the common pari-mutuel pool.
(b) A licensed corporation which establishes
				a common pari-mutuel pool under this chapter shall present a video display
				containing wagering information such as current odds, pari-mutuel pool totals
				and probable payoffs for the race upon which patrons may place wagers for
				inclusion into the comon pari-mutuel pool.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › GENERAL PROVISIONS › Section 301.1 - 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:
Act
-The act of January 25, 1966 (P. L.
					 1542(1965)) (71 P. S. §§
											1530.1-1530.7).
Advisory panel
-A committee appointed by
					 the Council whose membership is comprised of individuals whose expertise,
					 training, and concern is directed specifically to one or more of the various
					 art forms.
Amendment letter
-A letter by which the
					 Council notifies a grantee of changes in the amount, terms, or conditions of a
					 grant.
Award letter
-The letter by which the
					 Council notifies a grant applicant that favorable action concerning a grant
					 application has been taken by the Council and which sets forth the terms and
					 conditions of the grant.
Council
-The Commonwealth of Pennsylvania
					 Council on the Arts.
Grant
-The award of financial assistance to
					 an individual, organization, or governmental unit.
Grant agreement
-The documents evidencing a
					 grant-that is: application; award letter; grant confirmation; and, if
					 applicable, amendment letter and grant amendment confirmation.
Grant amendment
-A change in the terms or
					 conditions of a grant.
Grant amendment confirmation
-The document
					 evidencing review and approval of a grant amendment.
Grant confirmation
-The document evidencing
					 review and approval of a grant.
Grantee
-An individual or organization
					 whose application for a grant has been acted upon favorably by the
					 Council.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › GENERAL PROVISIONS › Section 301.2 - Authority for making grants

Current through Register Vol. 54, No. 28, July 13, 2024
Grants are awarded by the Council under the authority of
					 sections 4 and 5 of the act (71 P. S. §§
											1530.4 and
					 1530.5) and this chapter from
					 funds appropriated by the General Assembly or funds provided by the Federal
					 government or other sources.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › GENERAL PROVISIONS › Section 301.4 - Grant programs

Current through Register Vol. 54, No. 28, July 13, 2024
Grant programs will be as established by the Council and
					 will be as set forth in the Council's "Guide to Programs," which will be
					 published annually on a fiscal-year basis. The "Guide to Programs" will be
					 available at no charge to prospective grant applicants.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › ELIGIBILITY › Section 301.11 - Eligibility of applicants

Current through Register Vol. 54, No. 28, July 13, 2024
The following are eligible to apply for grants from the
					 Council:
(1) Nonprofit organizations
				  or county governments or local governments which provide or propose to provide
				  arts programs or services in this Commonwealth.
(2) Individuals who are residents of this
				  Commonwealth and who are artistically creative or who endeavor to make the arts
				  more accessible to the citizens of the Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › ELIGIBILITY › Section 301.12 - Award of grant not guaranteed

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing contained in these regulations, Council
					 publications or staff representations shall be construed as implying or
					 representing that an eligible applicant shall have the right to receive Council
					 funds.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › APPLICATION PROCEDURE › Section 301.21 - Application forms

Current through Register Vol. 54, No. 28, July 13, 2024
All grant applications shall be made on forms provided by
					 the Council in such manner as the Council shall direct. The Council may direct
					 that any application shall be accompanied by such additional information as the
					 Council may require and that this be done on such supplemental forms as the
					 Council may direct.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › APPLICATION PROCEDURE › Section 301.22 - Acceptance of terms and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
By completing, signing, and submitting a grant application
					 to the Council, the applicant will be deemed to have certified to the Council
					 that it shall be legally bound by the terms, conditions, and provisions of the
					 grant, including but not limited to the following:
(1) Duly enacted statutes governing civil
				  rights, equal employment opportunity, and access for the handicapped.
(2) Terms, conditions, and program guidelines
				  set forth in the Council's "Guide to Programs" for the fiscal year for which
				  the application is submitted.
(3)
				  Conditions, restrictions, and changes imposed by the Council in making the
				  award unless objected to in writing within 30 days of the date of mailing of
				  the award letter.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › APPLICATION PROCEDURE › Section 301.23 - Review process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Grant
				  applications will be initially reviewed by Council staff to determine that all
				  requisite information has been provided. Council staff may seek additional
				  information or suggest modifications to the application.
(b) Grant applications will be reviewed by
				  the appropriate advisory panel, which will, after review, recommend favorable
				  or unfavorable action on the application.
(c) Advisory panels will submit their
				  recommendations to the Council or its Executive Director for final
				  action.
(d) The Council, in its
				  discretion, will determine which applications will be acted upon by the Council
				  and which will be acted upon by the Executive Director. The Council may provide
				  for action by the Executive Director without advisory panel recommendation with
				  respect to specified applications.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › AWARD OF GRANTS › Section 301.31 - Notification of council action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Notification of favorable Council action on an application will be by award
				  letter which will set forth the terms and conditions of the grant as approved
				  by the Council.
(b) Applicants will
				  be notified by letter of unfavorable Council action, but no formal statement of
				  reasons for unfavorable action will be made by the Council.
(c) Notices under this section will be given
				  in as prompt and expeditious a manner as is practicable.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › AWARD OF GRANTS › Section 301.32 - Processing of grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
				  issuance of the award letter, if no objection is received in writing from the
				  grantee within 30 days of the date of mailing, the grantee will be deemed to
				  have accepted the grant as described in the award letter.
(b) Grantees may accelerate processing by
				  notifying the Council of their full acceptance of the grant in writing prior to
				  the expiration of the 30-day period.
(c) A grantee who objects to the terms and
				  conditions set forth in the award letter shall present such objections in
				  writing to the Council, which may either modify the terms or rescind the
				  grant.
(d) Modification of the
				  terms of the grant, made pursuant to the grantee's objections, will be set
				  forth in a second award letter which will supersede the initial award letter.
				  The grantee must consent in writing to the terms of the second award letter
				  within 30 days of the date of mailing or the grant will be rescinded
				  automatically.
(e) Following
				  compliance with the provisions of this section for acceptance of the grant
				  terms and conditions, the grant agreement will be processed for review and
				  approval. Thereafter, following receipt by the Council of invoices and
				  rebudget, if applicable, from the grantee, processing for payment will be
				  initiated.
(f) No grant will be
				  processed for payment to any grantee who has not complied with all reporting
				  requirements of the Council for any prior grant.
(g) A copy of the grant confirmation will be
				  forwarded to the grantee with the first payment check.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › AWARD OF GRANTS › Section 301.33 - Amendment of grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After a
				  grant has been processed, notification of any modifications in terms or
				  conditions will be made to the grantee by amendment letter.
(b) If grantee does not object in writing
				  within 30 days of the date of mailing to the terms set forth in the amendment
				  letter, the grantee will be deemed to have consented to the
				  modifications.
(c) Grantees may
				  accelerate the processing by indicating in writing acceptance of the amendment
				  letter terms prior to the expiration of the 30-day period.
(d) If the grantee objects in writing to the
				  amendment letter terms within the 30-day period, the Council may issue a second
				  amendment letter superseding the initial amendment letter. If grantee fails to
				  consent in writing within 30 days of the date of mailing to the terms of the
				  second amendment letter, the grant amendment will be cancelled
				  automatically.
(e) Following
				  compliance with the provisions of this section for acceptance of the grant
				  amendment terms, the amendment letter and grant amendment confirmation will be
				  processed for review and approval. Thereafter, following receipt by the Council
				  of invoices and rebudget, if applicable, from the grantee, processing for
				  payment will be initiated.
(f) A
				  copy of the grant amendment confirmation will be forwarded to the grantee with
				  the first payment check issued subsequent to the change.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › GRANT COMPLIANCE › Section 301.42 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Grant
				  recipients shall keep and maintain financial records in accordance with
				  generally accepted accounting practice so as to assure that the
				  determination-that grant funds are being or have been used for the purpose and
				  under the terms and conditions of the grant-can be readily made by the
				  Council.
(b) Grantees shall keep
				  sufficient records to make possible the ready determination that other than
				  financial terms and conditions of the grant have been complied with by the
				  grantee.
Pennsylvania Code › Title 58 - RECREATION › Part VI - Arts › Chapter 301 - PENNSYLVANIA COUNCIL ON THE ARTS › GRANT COMPLIANCE › Section 301.44 - Audits

Current through Register Vol. 54, No. 28, July 13, 2024
Agencies of the Commonwealth, so empowered, are authorized
					 to examine the financial records of grantees for the purpose of making audits,
					 transcripts, and excerpts, during business hours upon notice and request to the
					 grantee.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart A - General Provisions › Chapter 401a - PRELIMINARY PROVISIONS › Section 401a.2 - Construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This part shall
				  be liberally construed to secure the just, speedy and efficient determination
				  of every action, proceeding or issue presented to which it is applicable. The
				  Board at any stage of an action, proceeding or issue presented may disregard an
				  error or defect of procedure which does not affect the substantive rights of
				  the participants.
(b) Subsection
				  (a) supersedes 1 Pa. Code §
										31.2 (relating to liberal
				  construction).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart A - General Provisions › Chapter 401a - PRELIMINARY PROVISIONS › Section 401a.4 - Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will
				  have exclusive jurisdiction over all matters within the scope of its powers
				  under the act.
(b) Nothing
				  contained in this part shall be construed to limit the powers and duties of the
				  Board as provided in the act.