West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-07 - Simulcast Pari-Mutuel Wagering At Authorized Gaming Facility In Historic Resort Hotel › Section 178-7-3 - License Required

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An
				applicant may apply to the Racing Commission for a license to conduct at the
				historic resort hotel pari-mutuel wagering on simulcast horse and dog races
				held at a licensed racetrack in this state, or in another jurisdiction, where
				pari-mutuel wagering is permitted and conducted.
3.2. The application shall be submitted in
				the form prescribed by the Commission and must provide the information required
				by the Commission under this rule.
3.3. No applicant may conduct pari-mutuel
				wagering on simulcast horse and dog races under W. Va. Code §
									19-23-12d
				without first obtaining a license from the Commission.
3.4. Licenses issued under this rule are not
				transferrable or assignable. The sale of the assets of a gaming licensee
				requires the buyer to apply for a license from the Commission.
3.5. Licenses shall be issued for the period
				of January 1 through December 31 of each year, unless approved otherwise by the
				Commission.
3.6. Licenses shall be
				renewed, suspended or revoked on the same basis as licenses issued to racing
				associations under W. Va. Code §19-23.
3.7. An application for a license must
				include the following:
3.7.a. The full name
				and address of each partner, member, officer or director of the
				applicant;
3.7.b. The dates on
				which the applicant intends to offer simulcast pari-mutuel wagering on horse
				and dog races and the racetracks from which it intends to receive simulcast
				transmissions;
3.7.c. Copies of the
				participation agreements that the applicant has entered into or intends to
				enter into;
3.7.d. The location of
				the gaming facility in which the applicant intends to offer simulcast
				pari-mutuel wagering on horse and dog races;
3.7.e. Whether the applicant, any partner,
				member, officer or director has previously applied for a license or similar
				authority in another state to offer simulcast pari-mutuel wagering on horse and
				dog races, and if so, whether such license was issued or refused, and if
				issued, whether it was ever suspended or revoked.
3.7.f. A verification that the applicant
				shall comply with the requirements of the federal Interstate Horseracing Act of
				1978, P. L. 95-515, 15 U.S.C. §§ 3001 - 3007.
3.7.g. Such other information as the Racing
				Commission may require, including, but not limited to, satisfactory evidence
				that the applicant has the ability to pay all taxes due the state, salaries of
				employees necessary for the conducting of simulcast pari-mutuel wagering, and
				other expenses incident to the activity for which the license is sought. If
				satisfactory evidence of ability to pay such expenses cannot be produced by the
				applicant, the Commission may require a bond or other adequate security before
				the license is issued; and
3.7.h. A
				signed, notarized verification that the information contained on the
				application is true and accurate. Such verification shall be signed by a
				partner, member, officer or director of the applicant.