Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 200 - PARI-MUTUEL RULES AND REGULATIONS › Section 462-200-0340 - Application and Approval of Off-Track Wagering Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Any race meet licensee desiring to simulcast its racing program
				including races in Oregon, out-of-state races, or any combination thereof, to
				an off-track wagering facility(ies) shall file an application for approval for
				each facility with the commission at the following address: Oregon Racing
				Commission, P.O. Box 366, Gresham, OR 97030; or faxed to: (971) 673-0213; or
				emailed to: orc.info@orc.oregon.gov. The application shall describe a plan of
				operation for the facility which includes, but is not limited to, the following
				information:
(1) The name, address,
			 and date of birth of the applicant and owner(s) of the facility and any other
			 information which may be required by the commission to perform a criminal
			 history and financial background investigation. The commission may also require
			 an applicant/owner to provide fingerprints and a written consent in order to
			 perform a nationwide criminal record check. In carrying out this subsection,
			 the commission may require the applicant/owner to pay the cost of performing a
			 criminal record check. The application will be denied if the applicant, or in
			 the case of a partnership or corporation, a general partner, officer, director,
			 major stockholder (over 5%) or employee has engaged in any unlawful activity
			 determined to be conduct detrimental to the best interests of racing, or has
			 failed, refused or neglected to comply with any rule, regulation, condition of
			 license or order of any state or federal regulatory agency, including the
			 Oregon Racing Commission or its representatives reasonably related to its
			 conduct as a simulcast operator, or who has engaged in any activity which is
			 grounds for denial, suspension, or revocation of license pursuant to the
			 statues or rules of racing in the State of Oregon.
(2) A description of the management groups
			 responsible for the operation of the facility, including a description of any
			 subcontractors who will be substantially involved in the operation of the
			 facility.
(3) The location of the
			 facility and a written confirmation from appropriate local officials that the
			 location of such facility and the number of patrons expected to occupy such
			 facility are in compliance with all applicable local ordinances.
(4) A scale drawing of the facility,
			 including its public accommodations, equipment, concessions, and office
			 space.
(5) A security plan approved
			 by the executive director outlining the security measures to be employed to
			 protect the facility, to control crowds, to protect the public and employees,
			 to safeguard the transmission of the simulcast signals and to control the
			 transmission of wagering data to effectuate common wagering pools.
(6) The type of data processing,
			 communication and transmission equipment to be utilized.
(7) The system of accounts to maintain a
			 separate record of revenues collected by the simulcast facility, the
			 distribution of such revenues and the accounting of costs relative to the
			 simulcast operation.
(8) An
			 agreement that has been executed with the simulcast operator for the conduct of
			 simulcast wagering at the facility
(9) An agreement that has been executed with
			 the owner of the facility allowing its use as an off-track wagering
			 facility.
(10) An agreement that
			 has been executed with the totalizator company for the equipment and system
			 necessary for the conduct of simulcast wagering at the facility.
(11) Financial reports in sufficient detail
			 for the commission to determine the applicant's ability to adequately perform
			 the duties of a simulcast operator.
(12) A posted surety bond or other suitable
			 instrument as approved by the Oregon Racing Commission, in an amount sufficient
			 to ensure payment of distributable amounts of pari-mutuel pools held by the
			 race meet licensee pursuant to statute and the faithful performance of the
			 duties of a simulcast operator. The bond may be the same as the one posted by
			 the race meet licensee for the conduct of the race meet.
Statutory/Other Authority: ORS
				  462.700
Statutes/Other Implemented: ORS
				  462.700