Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 133 - NEW OR AMENDED PARI-MUTUAL LICENSE APPLICATIONS-STATEMENT OF POLICY › Section 133.4 - Application Notice

Current through Register Vol. 54, No. 28, July 13, 2024
The Application Notice to be published under §
									133.3 (relating to application
				  requirements) shall be in substantially the following form:
NOTICE
PROCEDURES FOR NEW OR AMENDED PARI-MUTUEL
LICENSE APPLICATIONS
PREMISES
1.
LICENSE REQUIRED FOR ALL HORSE RACE
				MEETS.
The Race Horse Industry Reform Act (act of December 17, 1981, P.
				L. 435 No. 135) (4 P. S. Sec. 325.101 et seq.)
				(Act) provides that no corporation shall have the right to conduct any horse
				race meet except on obtaining a license from either the State Horse Racing
				Commission or the State Harness Racing Commission.
2.
LIMITED NUMBER OF THOROUGHBRED
				RACING LICENSES.
Sec. 325.405(a) of the Act provides that no more than
				six corporations shall be licensed by the State Horse Racing Commission to
				conduct a pari-mutuel meet;
3.
LIMITED NUMBER OF HARNESS RACING LICENSES.
Sec. 325.205(b) of the
				Act provides that no more than five corporations shall be licensed by the State
				Harness Racing Commission to conduct a pari-mutuel meet;
4.
MORE APPLICATIONS FILED THAN
				AVAILABLE LICENSES.
The Commissions have received more applications for
				thoroughbred and harness licenses than are authorized by the Act. The
				Commissions do not have the power under the Act to issue licenses to all
				applicants for thoroughbred and harness licenses. The Commissions are not
				obligated to issue any license despite the availability of a license. Each
				Commission will be charged with reviewing the pending applications submitted
				under its respective jurisdiction as set forth in the Act.
5.
INFORMATION ABOUT APPLICATION
				PROCEDURE.
The Commissions believe that it is in the public interest
				under Section
				325.209 of Act and the best
				interests of the racing industry in this Commonwealth to establish an
				administrative review process to treat the applicants as a comparative group
				for thoroughbred and harness horse race meeting license applications presently
				pending before the Commissions as well as any new applications or renewals.
IN CONSIDERING THE PRESENT PENDING APPLICATIONS AND ANY
				  NEW APPLICATIONS, THE COMMISSIONS ADOPT A POLICY TO INCLUDE THE FOLLOWING
				  STEPS:
A.
CONSIDERATION
				GROUP. APPLICATION CLOSING DATES.
The Commissions will consider
				applications for racing licenses made under Section
				325.209 of the Act comparatively as
				part of a consideration group identified by an application closing date that is
				published by the Commission. Application closing dates will be published
				anytime that the respective Commissions receive or have pending before them
				more than one (1) application for a license.
B.
APPLICATIONS.
In order to
				qualify to be placed into the consideration group for an available license,
				each new or amended application must be made using the application form
				available from the Commissions. At a minimum, each new or amended application
				must contain the standards set forth in Appendix A.
No consideration shall be given to any application which is
				  deemed to be untimely filed or deficient by the appropriate
				  Commissions.
C.
APPLICATION CLOSING DATE.
The Commissions hereby establish an
				application closing date of_____ , 200 ___ , as a due date after which no new
				applications shall be accepted. Within that same period, any previously
				submitted application, which the Commission has deemed deficient by notice to
				the applicant, must be re-submitted to the appropriate Commission with the
				deficiency corrected;
D.
RESUBMISSION AFTER NOTICE OF DEFICIENCY.
Applicants who submit new
				applications which the Commissions deem deficient will be given the balance of
				the 60-day time period or 30 days, whichever is longer, to correct the
				deficiency;
E.
AMENDMENT OF
				APPLICATION FORM.
Commissions reserve the right to amend license
				application forms at any time. If Commissions amend the application forms,
				Commissions will establish an amended application closing date at least thirty
				(30) days after the date of the amendment. All applicants with applications
				pending at the time of the Commissions' amendment to the license application
				form will have until such amended application closing date to resubmit or
				supplement their applications; however, no new applications can be received
				during the amended application period;
F.
GROUP CONSIDERATION BY RESPECTIVE
				COMMISSIONS.
The Commissions hereby establish a policy in which all new
				and/or amended applications received by application closing date shall be
				placed into a single group for comparative consideration by each respective
				Commission;
G.
PROCESS.
The respective Commissions will consider all written applications within a
				consideration group, and, after consideration and comparison of all such
				written applications, may issue available licenses in numbers authorized by the
				Act to those applicants who, in the sole judgment of the appropriate
				Commission, will best serve the public interest, convenience and
				necessity.
H.
ISSUANCE OF
				LICENSES.
No license shall be issued until all new and/or amended
				written applications in the respective consideration group have been considered
				and examined by the appropriate Commission.